Uday Vijay Pardeshi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3715 OF 2022 Pritam Shankar @ Shankar Singh Pardeshi ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH INTERIM APPLICATION NO. 4684 OF 2022 .........

Mr. Sunil Kumar a/w Mr. Jitendra Yadaw a/w Mr. Rohit Upadhyay i/b M/s. Kumar and Associates for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

Mr. Akshay Deshmukh for the Intervener.

Mr. Vinod Shankar Singh Pardeshi- Brother of the Applicant, Present. .........

CORAM : N.R. BORKAR, J.

DATED : 14 FEBRUARY 2023 P.C. :- This is an application under Section 439 of the Code of Criminal Procedure, 1973 for bail.

2.

The applicant came to be arrested in Crime No. 437 of 2022 registered at Chakan Police Station, Pimpri Chinchwad for the offences punishable under Sections 307, 324, 294, 504, 506 r/w 34 of the Indian Penal Code.

3.

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

1 / 3

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 copy of the order passed by the Sessions Court dated 21 September 2022 below Exhibit-5 in Sessions Case No.199 of 2022. By the said order, the Sessions Court has released co-accused Vinod Shankar Pardeshi on bail. 5.

I have perused the charge-sheet. According to the prosecution, on the date of incident, which took place on 23 March 2022, the present applicant and other co-accused assaulted the complainant by iron rod, stick and attempted to kill him on account of some land dispute. 6.

The learned APP submits that though the applicant may be entitled to bail on the ground of parity, however, the applicant is involved in nine more crimes.

7.

The applicant is in jail for more than ten months. The Sessions Court has already released other co-accused on bail. Considering the overall facts and circumstances, I am inclined to release the applicant on bail on certain conditions. Hence, the following order is passed: (i) Application is allowed.

(ii) The applicant- Pritam Shankar @ Shankar Singh Pardeshi shall be released on bail in Crime No. 437 of 2022 registered at Chakan Police Station, Pimpri Chinchwad for the offences punishable under Sections 307, 324, 294, 504, 506 r/w 34 of the Indian Penal Code on furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.

2 / 3

(iii) The applicant shall not enter into the jurisdiction of the Chakan Police Station for the period of one year.

(iv) Interim application for intervention is disposed of. ( N.R. BORKAR, J. ) 3 / 3