Shantilal S/O. Nandram Charwande v. The State Of Maharashtra

criap2248.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2248 OF 2016 Shantilal s/o Nandram Charwande ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mrs Varsha Ghanekar, Advocate holding for Mr N. S. Ghanekar, Advocate for applicant;

Mr A. R. Kale, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 5th May, 2016 ORAL ORDER :

Heard.

2.

This is an application for grant of regular bail filed by the applicant, in Crime No. I-104 of 2015, registered with Gangapur Police Station, Dist. Aurangabad, for offences punishable under Sections 302, 143, 147, 148, and 149 of the Indian Penal Code.

3.

Learned Counsel appearing on behalf of applicant would urge that the other similarly placed accused in the present matter, namely, Jeevan Madhusing Charwande and Bhagwan Kisan Charwande are already released by this Court, by the orders dated 13th April, 2016 and 14th March, 2016, respectively.

4.

It is the case of present applicant that he is similarly placed accused

criap2248.16 (2) like accused Jeevan, as the role attributed to him is that of helping to other co-accused in hanging the victim.

5.

This Court, after recording cogent reasons, has released the other accused Jeevan on bail.

6.

Prima facie, after going through the chargesheet and other material, it is not disputed by the learned Additional Public Prosecutor that, the case of present accused is at par with that of other accused Jeevan. 7.

In view there-of, for the reasons recorded by this Court in the order dated 13th April 2016, while ordering release of accused Jeevan on bail, present applicant, in my opinion, is entitled for the similar relief. Hence I pass following order :

The applicant be released on bail, in connection with Crime No. I-104 of 2015, registered with Gangapur Police Station, Dist. Aurangabad, for offences punishable under Sections 302, 143, 147, 148, and 149 of the Indian Penal Code, on furnishing P.R. Bond of Rs. 25,000/-, with one surety in the like amount.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) sjk