Syed Anwar Ali S/O Athar Ali v. The State Of Maharashtra

criapln3160-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3160 OF 2015 Syed Anwar Ali S/o Athar Ali .. APPLICANT

Versus

The State of Maharashtra .. RESPONDENT ...

Shri A.S.Kale h/f Shri S.B.Talekar ,Adv.for applicant Smt. P.J.Bharad APP for respondent State ...

CORAM : V.M.DESHPANDE,J.

DATED : 7TH JULY, 2015 ORDER :- Heard Shri A.S.Kale learned counsel for the applicant and Smt.Bharad, learned APP for respondent State. 2] The applicant is arrested in connection with Crime No.63/2014 registered with Mahur police station, Dist.Nanded for offences punishable u/s 302, 109, 120-B 211, 201 r.w. 34 of I.P.C. 3] The investigation agency has already completed entire investigation and charge sheet is already filed. F.I.R. was lodged by one Vikhar Ahmed on 11/9/2014. The first information report was lodged against unknown person.

4] Even according to the prosecution, there is no eye witness account in the present case, Entire prosecution is based on circumstantial evidence. The circumstance which is pressed into

criapln3160-15 -2service against present applicant is the Call Details Report to show that the present applicant was in touch with other accused persons on mobile phone.

5] This Court has already released on bail other accused persons against whom the only material that was pressed into service i.e. C.D.R. In that view of the matter, present applicant is also to be released on principle of parity. Hence application is required to be allowed and accordingly it is allowed.

ORDER

A] The application is allowed. The applicant be released on bail on he executing PR bond of Rs.30,000/- (Rs.Thirty thousand only) with two solvent sureties in the like amount. B] Bail before trial Court. The applicant shall attend police station Mahur, Dist.Nanded once in a week preferably on every Sunday between 3 to 5 p.m.

(V.M.DESHPANDE,J.) umg/