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Bombay High CourtBA/4472/2021allowed

Vaibhav Sudhakar Parkhe v. State Of Maharashtra

2022-01-18Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4472 OF 2021 Vaibhav Sudhakar Parkhe ... Applicant Vs.

The State of Maharashtra ... Respondent ---- Mr.Nitin Sejpal for the Applicant.

Mr.Y.Y. Dabke, APP for the Respondent -State. ---- CORAM : C.V. BHADANG, J.

by NILAM SANTOSH KAMBLE Date: 2022.01.18 18:25:08 +0530 NILAM SANTOSH KAMBLE DATE : 18 JANUARY 2022 P.C.

.

By this Application, the Applicant (Accused No.2) is seeking bail. The Applicant along with co-accused has been charge-sheeted for the offence punishable under Section 307, 324, 323, 143, 144, 147, 148, 149, 452 of the Indian Penal Code in Crime No.271 of 2020 of Nandgaon Police Station, Nashik. 2.

The learned counsel for the Applicant has submitted that some of the accused have been released on bail by this Court. In particular, the learned counsel has sought parity with the accused Ramnarayan Rajendra Jaiswal (Accused No.3) who has been released on bail on 14 December 2021 in Criminal Bail Application No.3104 of 2021. This Application was adjourned N.S. Kamble page 1 of 3

in order to enable the learned Additional Public Prosecutor to examine the ground of the parity.

3.

The learned Additional Public Prosecutor states that the role attributed to the present Applicant is similar to Accused Ramnarayan Rajendra Jaiswal. In otherwords the learned Additional Public Prosecutor in all fairness does not dispute that parity would apply with Ramnarayan Rajendra Jaiswal. In such circumstances, the following order is passed

ORDER

(i) Applicant-Vaibhav Sudhakar Parkhe shall be released on bail in C.R. No. 271 of 2020 registered with Nandgaon Police Station, District- Nashik on his executing a P .R. bond in the sum of Rs. 20,000/- with one or more sureties in like amount.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(iii) The applicant will not enter the jurisdiction of Nandgaon Taluka till the charge is framed.

N.S. Kamble page 2 of 3

(iv) The applicant shall convey his residential address during the aforesaid period along with contact number and intimate the Investigating Officer of the change, if any.

(v) The applicant shall attend the trial regularly. (vi) The observations made herein-above are primafacie in its nature for the purpose of deciding the bail application only. The trial Court shall not be influenced by the observations while deciding the case on merits.

(vii) Bail before the trial Court.

(viii) The application is allowed in the aforesaid terms and stands disposed of accordingly.

C.V. BHADANG, J.

N.S. Kamble page 3 of 3