Tejas Dinkar Manjare v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2023.05.17 14:07:00 +0500 DINESH SADANAND SHERLA 47-ba-2888-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2888 OF 2022 Tejas D. Manjare ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Anil S. Shitole for the Applicant.

Mrs.Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

27.02.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 428 of 2019 registered at Khed Police Station, Pune Rural for the ofences punishable under Sections 302, 143, 147, 148, 149, 506 read with 34 of the Indian Penal Code and Section 4 read with 25 and 27 of the Arms Act.

3.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

4.

The bail is sought on the ground of parity. In support of said ground, the learned counsel for the applicant has placed on record the copy of order dated 18 October 2022 passed by this Court in Criminal Bail Application No. 4245 of 2021. By the said order, this Court has released the co-accused Durgesh Gade on bail. Dinesh S. Sherla 1/2

47-ba-2888-22.doc 5.

I have perused the charge-sheet. According to the prosecution, there was a dispute between the deceased and coaccused Mayur Tambe on account of allotment of certain contract. It is alleged that on the date of incident which took place on 13 December 2019 on account of said dispute, the present applicant and other co-accused assaulted the deceased by koyta and committed his murder.

6.

The role attributed to the present applicant and co-accused Durgesh Gade to whom this Court has granted bail appears to be identical. I am therefore, inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No.428 of 2019 registered at Khed Police Station, Pune Rural for the ofences punishable under Sections 302, 143, 147, 148, 149, 506 read with 34 of the Indian Penal Code and Section 4 read with 25 and 27 of the Arms Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C] The applicant shall attend the concerned police station once in a month, i.e., frst Saturday between 11.00 a.m. to 1.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2