Deepak Tukaram Pradhan v. The State Of Maharashtra

915-BA1407.22 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1407 OF 2022 DEEPAK TUKARAM PRADHAN

VERSUS

THE STATE OF MAHARASHTRA Mr. S.P. Brahme, Advocate for applicant;

Mr. K.S. Patil, A.P.P. for respondent CORAM : S. G. MEHARE, J.

DATE : 15th December, 2022 P.C.

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant is claiming bail on the ground of parity. The learned counsel for the applicant would argue that the same role allegedly attributed to co-accused Mahesh Hiralal Shingote has been granted bail by this Court.

3.

Learned A.P.P. opposed the application. He would submit that there are eyewitnesses to the incident. The incident has been captured in CCTV. The offence is serious. Hence, the rule of parity should not be applied.

4.

The rule of parity is applied where the accused claiming bail has played the similar role with the role played by the accused who has been granted bail. It is not in dispute that the role attributed to

915-BA1407.22 (2) the applicant was similar to the co-accused Mahesh Hiralal Shingote. This Court while granting bail to co-accused Mahesh Hiralal Shingote has considered the material placed before it and allegations levelled against him. In view of the similar role attributed to the applicant to the role of co-accused Mahesh Hiralal Shingote, the applicant deserves parity. Hence, the following order:- i) The application is allowed.

ii) The applicant Deepak Tukaram Pradhan be released on bail on furnishing PB and SB of Rs.50,000/- with one solvent surety of the like amount, in C.R. No.547 of 2021, registered with M.I.D.C. Waluj Police Station, Aurangabad, District Aurangabad (Sessions Case No.334 of 2021) for offence punishable under Sections 143, 147, 148, 149 and 302 of the Indian Penal Code, on the condition not to tamper with the prosecution witnesses.

iii) Needless to state, the observations pertain to the bail application only.

(S. G. MEHARE, J.) amj