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Bombay High CourtBA/1967/2016bail granted

Anil Ramkishan Gupta v. The State Of Maharashtra

2016-10-17Hon'Ble Shri Justice A.S. Gadkari2 pages

1/2 BA.1967-2016 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1967 OF 2016 Anil Ramkrishan Gupta ..Applicant.

Vs.

The State of Maharashtra ..Respondent ----- Mr. Ajay Tripathi for Applicant.

Ms. Rutuja Ambekar APP for State.

----- CORAM: A.S. GADKARI, J.

DATE : 17th October 2016.

P.C.

The applicant is seeking bail in CR No.I-18 of 2014 registered with Mumbra Police Station under Section 302 read with 34 of the Indian Penal Code.

Heard the learned counsel for the applicant, the learned APP and also perused the Order passed by this Court dated 8th January 2016 in Bail Application No.1368 of 2015.

The learned counsel for the applicant submitted that the coaccused namely Rizwan Nazar Abbas Sayyed @ Pathan has been released on bail by this Court by its Order dated 8th January 2016. He submitted that the role played by the applicant is same and similar as that ascribed to the

2/2 BA.1967-2016 co-accused Rizwan Nazar Sayyed @ Pathan. He therefore submitted the applicant is entitled for bail on the ground of parity. The learned APP fairly conceded to the said factual aspect of the matter. I have perused the documents annexed to the application and the Order dated 8.1.2016 and I am of the view that, the principle of parity squarely applies to the present applicant with co-accused Rizwan. In view of the same, the applicant has made out a case for his release on bail on the ground of parity.

Hence, the following order:

(i) The applicant be released on bail in CR No.I-18 of 2014 registered with Mumbra Police Station on his furnishing PR bond of Rs.25,000/- with one or two local solvent sureties in the like amount. (ii) After his release from jail, the applicant shall attend the Mumbra Police Station on every first Monday of the month between 10.00 a.m. to 12.00 noon till conclusion of trial.

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

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