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Bombay High CourtAPPLN/3515/2016disposed off

Santosh S/O Babasaheb Shejal v. The State Of Maharashtra

2016-07-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 Cr. Appln. 3515/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3515 OF 2016 Santosh S/o Babasaheb Shejal .. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents ­­­­ Mr. V.P. Savant, Advocate for the applicant Ms. R.P. Gour, APP for the respondent/State ­­­­ CORAM : N.W. SAMBRE, J.

DATE : 27/07/2016 ORAL ORDER :

Heard.

2.

It is brought to my notice that there is another crime bearing no. 122 of 2016 registered against the applicant on the same set of facts.

3.

Applicant, though is claiming parity with co­ accused, who are directed to be released on pre­arrest bail by this Court vide common order dated 24th June, 2016 passed in Criminal Application Nos.2993 of 2016 and 2994 of 2016, in my opinion, he is not entitled for release on pre­arrest bail, as the case of the applicant

2 Cr. Appln. 3515/2016 can not be treated at par with that of the other co­ accused i.e. Yuvraj Nagare, Somnath Girge and Dilip Nagare ­ the applicants in Criminal Application Nos. 2993 of 2016 and 2994 of 2016 referred supra. 4.

The applicant claims to be a member of Gram Suraksha Dal, constituted by the Police authorities, however, it is to be noted that the applicant is involved in two offences, particularly, as regards restraining caused to a public servant from performing his official duties. In this background, no case is made out for grant of pre­arrest bail. Application is rejected.

[N.W. SAMBRE] JUDGE arp/