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Bombay High CourtAPPLN/4513/2016disposed off

Shivaji S/O Tikaram Bagul v. The State Of Maharashtra And ANR

2016-09-07Hon'Ble Shri Justice A.M. Badar3 pages

1 Cr.Apln. 4513.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CRIMINAL APPLICATION NO. 4513 OF 2016 SHIVAJI S/O TIKARAM BAGUL

VERSUS

THE STATE OF MAHARASHTRA & ANR.

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Mr. M.S.Sonawane, Advocate for Applicant.

Mr. A.S.Shinde, A.P.P. for R - 1 - State.

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CORAM : A.M.BADAR, J.

DATE : 7th SEPTEMBER, 2016 .............................

PER COURT :

1.

The applicant/accused in Crime No. 234/2013 registered at Deopur police station, Dhule, Dist. Dhule for the offences punishable U/ss 420,201 of the Indian Penal Code at the instance of Suresh Sukhdeo Bhoi, by this application is seeking pre-arrest bail.

2.

Heard the learned counsel for the applicant as well as the learned A.P.P.

2 Cr.Apln. 4513.2016 3.

It is not in dispute that the co-accused Mahesh Shivajirao Bagul and Hemant Narayan Patil are granted prearrest bail by this Court vide Orders dated 11/03/2016 and 09/06/2016 in Criminal Application Nos. 984 of 2016 and 1856 of 2016. Co-accused Mahesh Shivajirao Bagul was the Secretary whereas co-accused Hemant Narayan Patil was the Director of the Sai Seva Nagari Sahakari Patsanstha Ltd., Dhule. The learned A.P.P. is not disputing the fact that the rule of parity is applicable to the case of the present applicant. As the co-accused with the similar role in the crime in question are granted pre-arrest bail by this Court in Criminal Application Nos. 984 of 2016 and 1856 of 2016, the present applicant is entitled for the same treatment and, therefore, the following order.

(i) In the event of his arrest in Crime No. 234/2013 registered at Deopur police station, Dhule, Dist. Dhule for the offences punishable U/ss 420,201 of the Indian Penal Code, applicant Shivaji s/o Tikaram Bagul be released on bail on executing P.R. Bond of ` 25,000/- [Rupees Twenty Five Thousand] and on furnishing surety in the like amount. (ii) As a condition of this Order, the applicant shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation so as to dissuade them from disclosing the same either to the police or the Court.

(iii) The applicant shall not tamper the evidence of

3 Cr.Apln. 4513.2016 the prosecution.

(iv) The applicant shall attend the concerned police station as and when reasonably called by the Investigating Officer for the purpose of investigation and he should cooperate the Investigating Officer in the investigation of the crime in question.

4.

Present Criminal Application stands disposed of accordingly.

[A.M.BADAR, J.] KNP/Cr.Apln. 4513.2016