Lijjo Jos Takekar v. The State Of Maharashtra

1 /3 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2190 OF 2018 Lijjo Jos Takekar ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Niranjan Mundergi I/by Kunal Ambulkar for the Applicant.

Mr. Amit Palkar, APP. for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 7th December, 2018 P.C.

1.

This is an application under Section 439 of the Code of Criminal Procedure for bail in CR No.6 of 2017 dated 8.1.2017 registered with Khandeshwar Police Station, Navi Mumbai under Section 394, 341, 342, 412, 120(B) read with 34 of the Indian Penal Code and under Section 3(1) (ii), 3(2), 3(4) of the of the MCOC Act.

In the present crime the applicant was arrested on 22.3.2017 along with co accused.

2.

The learned counsel appearing for the applicant submitted that, the employer of the applicant Mr. Madhav Kale who has been attributed with identical role as that of

2 /3 the applicant has been released on bail by this Court by an Order dated 25.7.2018 and therefore, the applicant is entitled to be released on bail on the ground of parity. 3.

The learned APP. on instructions from the concerned officer fairly conceded to the said factual aspect. 4.

Perusal of the charge sheet would indicate that, the applicant has been alleged to have played same and/or similar role as that of co-accused Mr. Madhav Kale who is the master of the applicant inter alia the applicant was employee of Mr. Madhav Kale.

In view thereof, the applicant is entitled to be released on bail on the ground of parity.

5.

Hence, the following order.

a) The applicant be enlarged on bail on furnishing PR bond in the sum of Rs.1,00,000/- with one or more solvent sureties in the like amount.

b) The applicant shall not leave Nashik till the conclusion of the trial without prior permission of the learned Magistrate.

c) Within three weeks from the date of release, the

3 /3 applicant shall gave an undertaking to the A.C.P. Crime Branch, Navi Mumbai that he would attend each and every scheduled date before the Special Court, Alibag. d) In the eventuality that the applicant fails to give an undertaking or fails to attend any two consecutive dates, the prosecution would be at liberty to file an application under Section 439(2) of Cr.P.C.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)