Ajay Dilip Gavali v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2220 OF 2017 Ajay Dilip Gavali .Applicant Vs.

The State of Maharashtra .Respondent Mr. M. K. Kocharekar, Advocate, for the Applicant Mr. R. M. Pethe, APP, for the Respondent - State

CORAM

:

A.S.GADKARI, J.

DATE :

20.12.2017 P.C.

.

This is an application under Section 439 of Cr. P.C. for bail in CR No. II-147 of 2017 registered with Ganeshpuri Police Station, Bhiwandi under Section 286 r/w 34 of the Indian Penal Code, under Sections 5 & 6 of the Explosive Substances Act, 1908 and under Section 9(B) of the Explosive Act, 1884.

2.

It is the case of the prosecution that the Applicant alongwith co-accused Shankar D. Aher and Sagar R. Aher transported prohibited explosive substances and sold the same to accused No. 4 - Sandeep Akkar. During the course of investigation, the Applicant came to be arrested on 20.05.2017. After completion of investigation, police have submitted charge-sheet.

3.

Perused the entire charge-sheet.

The record indicates that co-accused namely Shankar Aher who has been attributed with same and/or similar role as that of Applicant has been released on bail by the learned Additional Sessions Judge by its Order dated 24.11.2017. The record clearly indicates that the Applicant has been attributed with same and similar role as that of co-accused Shankar Aher.

4.

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

Hence, the following Order:

(i) The Applicant be released on bail in CR No. II-147 of 2017 registered with Ganeshpuri Police Station, Bhiwandi on his furnishing PR bond of Rs. 30,000/- with one or two solvent local sureties in the like amount;

(ii) After his release from the jail, Applicant shall attend the concerned Police Station on every 1st Monday of the month between 10.00 a.m. to 12.00 noon till the conclusion of trial; (iii) Applicant shall also attend all the dates before the trial Court;

(iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

5.

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