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Bombay High CourtBA/1884/2015bail granted

Mahendra Bhau Mhadase v. The State Of Maharashtra

2016-02-25Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 ba.1884-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE BAIL APPLICATION NO.1884 OF 2015 WITH BAIL APPLICATION NO.174 OF 2016 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Imran Sheikh for applicants.

Ms. Rutuja Ambekar, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 25th February 2016.

P.C.:

1] The applicants are seeking bail in CR No.24 of 2015 registered with Navghar Police Station, Mumbai under Sections 406, 408, 420, 465, 467, 468, 471, 477(A), 120-b read with Section 34 of the Indian Penal Code. 2] The applicants were the workers of Ghanshyam Sitaram Singh (coaccused) who is the owner of Om Sai Cargo. The leaned Counsel of the applicants submitted that by an order dated 14.1.2016 the said co-accused Ghanshyam Sitaram Singh has been released on bail on certain conditions. That the present applicants being the employees of Ghanshyam Sitaram Singh, are eligible for claiming parity with him. That the role played by the applicants in the entire crime is lesser than as compared to the said Ghanshyam Sitaram Singh. The learned APP on instructions fairly conceded the said submission. 3] I have perused the order dated 14.1.2016 and the documents annexed to the present application. The record discloses that there is substance in the

Dond 2/2 ba.1884-2015.sxw contention of the learned Counsel for the applicants and the present applicants are entitled for bail on the principle of parity. 4] In view of the above, the applicants have made out a case for their release on bail. Hence, the following order:- (i) The applicants shall be released on bail in CR. No.24 of 2015 registered with Navghar Police Station, Mumbai on their furnishing PR bond in the sum of Rs.25,000/- each with one or two solvent sureties in the like amount. (ii) After their release from jail, the applicants shall attend the Trial Court on 1st Monday of every month till the conclusion of trial. The applicants shall also attend all the dates of the Trial Court.

(iii) The applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

(iv) The applications are allowed in the aforesaid terms. (A.S. GADKARI, J.)