Datta Ashok Sapate v. State Of Maharashtra

77-Ba-3508-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3508 OF 2022 Datta A. Sapate ...Applicant V/s.

The State of Maharashtra

...Respondent.

Ms Bhagyashri R. Mangale for the Applicant.

Mr. S.S. Hulke, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

25.01.2023.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.173 of 2022 registered at Baramati Taluka Police Station for the ofences punishable under Sections 364, 307, 327, 143, 147, 148,149, 504 and 506 of the Indian Penal Code.

3.

There was a fnancial dispute between the complainant and co-accused Manoj Mule. According to the complainant, on account of the said dispute, on 21 March 2022 at about 7.30 p.m., the present applicant and other co-accused abducted him, while he was at Force Gym, Baramati and they initially took him to Bhigvan by Scorpio Jeep and from there to Karmala, District Solapur by another Scorpio Jeep. According to the complainant, he was made to sign on some papers, he was assaulted and when he became unconscious, he was thrown out of the vehicle near Malshej Ghat, Dist. Thane.

Dinesh S. Sherla 1/2

77-Ba-3508-22.doc 4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has produced on record order passed by this Court dated 12 December 2022 in Criminal Bail Application No. 3131 of 2022. By the said order, this Court has released the co-accused Ankush Jadhav on bail. 6.

I have perused the supplementary statement of the complainant dated 2 May 2022. The role attributed to the present applicant and co-accused Ankush Jadhav appears to be identical. There are no criminal antecedents. Considering these facts, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No. 173 of 2022 registered at Baramati Taluka Police Station for the ofences punishable under Sections 364, 307, 327, 143, 147, 148,149, 504 and 506 of the Indian Penal Code on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2