Deepak S/O. Maroti Kamble v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2591 OF 2017 Deepak s/o Maroti Kamble Age 18 years, Occu: Education, R/o Peth Pimpalgaon, Ta. Pallam, Dist. Parbhani ... Applicant

VERSUS

The State of Maharashtra Through Police Inspector, Police Station, Pallam, Dist.

Parbhani ... Respondent Mr. Amol R. Gaikwad, Advocate for the applicant Mr. K. N. Lokhande, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

7th June, 2017 ORDER:

1.

Heard Mr. Gaikwad, learned counsel for the applicant and Mr. Lokhande, learned APP for the State.

2.

The applicant is seeking pre arrest bail in Crime No.195/2016 registered with Pallam Police Station, Dist. Parbhani for the offences punishable under sections 143, 147, 148, 149, 341, 329, 504 of the Indian Penal Code, section 4/25 of the Indian Arms Act and section 135 of the Mumbai Police Act. 1/3

3.

From the record, it is seen that there is delay of one day in lodging the FIR. The fact remains that there is counter case filed by one of the accused namely Vijay Kamble which is first in time, on the basis of which Crime No. 194/2016 is registered against the present complainant.

4.

The other accused persons against whom similar allegations are made, are already released on anticipatory Bail by this Court in Criminal Application No.6335/2016 so also the complainant Deepak was also released on anticipatory bail in Criminal Application No.6394/2016.

5.

Since other accused persons in the present matter are already granted anticipatory bail, I am of the opinion that the applicant is also entitled for anticipatory bail on the ground of parity. Hence the application is allowed.

6.

In the event of arrest of the applicant in connection with Crime No.195/2016 registered with Pallam Police Station, Dist. Parbhani, he shall be released on bail on his executing P.R. Bond of Rs. 2/3

25,000/- [Rs. Twenty five thousand only] with one solvent surety in the like amount.

7.

Applicant shall not tamper with the prosecution evidence in any manner.

8.

Criminal application disposed of.

(K. L. WADANE, J.) JPC 3/3