Akash Anil Devkar v. The State Of Maharashtra

7-ba-3890-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.05.06 16:22:40 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3890 OF 2022 Akash A. Devkar ...Applicant V/s.

The State of Maharashtra

...Respondent.

Ms Sana Raees Khan for the Applicant.

Mrs. Rutuja Ambekar, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

01.03.2023.

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.1268 of 2020 registered at Chandan Nagar Police Station, Pune city for the ofences punishable under Section 302 read with 34 of the Indian Penal Code.

3.

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

4.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record the copy of order dated 10 February 2023 passed by the Hon'ble Supreme Court in Criminal Appeal No. 408 of 2023. By the said order, the Hon'ble Supreme Court has released the coaccused Vishal Bhadve on bail. Dinesh S. Sherla 1/2

7-ba-3890-22.doc 5.

I have perused the charge-sheet. According to the prosecution, on the date of incident, which took place on 5 October 2020, the present applicant had caught hold of the deceased and other co-accused assaulted him by stick, paver block and stone on account of previous dispute and committed his murder. According to the prosecution, the co-accused Vishal Badve assaulted the deceased by paver block. As the Hon'ble Supreme Court has released the said co-accused Vishal Badve on bail, the present applicant will have to be released 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. 1268 of 2020 registered at Chandan Nagar Police Station, Pune city for the ofences punishable under Section 302 read with 34 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.

C] The applicant shall not enter into the limits of Chandan Nagar Police Station till conclusion of trial. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2