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Bombay High CourtBA/2698/2017bail granted

Sunil Kalidas Shinde v. The State Of Maharashtra

2018-06-11Hon'Ble Shri Justice A.S. Gadkari3 pages

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2698 OF 2017 Sunil Kalidas Shinde ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH BAIL APPLICATION NO. 2699 OF 2017 Dadaya Bajirao Kale ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Kamlesh Gujar, for the Applicants.

Ms. A. A. Takalkar, APP in BA 2698/2017, for the State/Respondent.

Smt. Rutuja Ambekar, APP in BA 2699/2017, for the State/Respondent.

CORAM:

A. S. GADKARI, J DATED:

11th JUNE, 2018 PC:- 1.

These are the applications under Section 439 of Criminal Procedure Code for bail in CR No.292 of 2015 registered in Juhu Police Station under Section 342, 397, 395 r/w Section 120-B of Indian Penal Code.

1/3

Heard the learned Advocate for the applicants and the learned APP. Perused the charge-sheet.

2.

The learned Counsel for the applicants submitted that the other accused namely Ambadas Shinde and Prakash Patil have been released on bail by an order dated 7th March, 2018 by this Court. It is further submitted that coaccused namely S.S. Das has also been directed to be released on bail by an order dated 17th July, 2017 by this Court. It is submitted that the role attributed to the present applicants is same and similar as has been attributed to the co-accused, who are released on bail. It is submitted that the applicants are therefore entitled to be released on bail on the ground of parity.

3.

The learned APP after perusing the charge-sheet fairly conceded to the said facts pertaining to the present applicants.

After perusing the entire charge-sheet this Court is of the considered view that the applicants have played same and/or similar role as has been assigned to the co-accused Ambadas Shinde, Prakash Patil and S. S. Das. In view 2/3

thereof the applicants are entitled to be released on bail on the ground of parity.

4.

Hence the following order:- (i) The applicants be released on bail in CR No.292 of 2015 registered in Juhu Police Station under Section 342, 397, 395 r/w Section 120-B of Indian Penal Code on their furnishing P.R. Bond in the sum of Rs.30,000/- with one or two solvent local sureties in the like amount.

(ii) The applicants are directed to report Juhu Police Station, Mumbai once in a month on first Saturday between 11.00 am. to 1.00 pm.

till the conclusion of the trial.

(iii) The applicants are directed to attend the Trial Court on each date of hearing.

(iv) The applicants are directed to furnish details of their residence to the Investigating Officer.

(v) Applications are accordingly allowed.

[A. S. GADKARI, J.] 3/3