Devidas Namdeo Shrinath v. The Police Inspector
(1) 937-ba-1378-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.1378 OF 2023 Devidas Namdeo Shrinath, Age: 42 Years, Occ.: Labourer, R/o. Gurudatta Colony, Kusumba, Dist. Jalgaon ..Applicant
Versus
The Police Inspector, MIDC Police Station, Jalgaon, Tq. and Dist. Jalgaon.
..Respondent ...
Mr. H. P. Randhir, Advocate for the Applicant. Mr. S. B. Narwade, APP for Respondents-State. ...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 24th AUGUST, 2023.
PER COURT:- 1.
Heard learned counsel for the applicant and learned APP for the State.
2.
The applicant is seeking bail in Crime No.240/2021 registered with Police Station MIDC, Dist. Jalgaon for the offence punishable under Section 302, 392, 120-B of the Indian Penal Code.
3.
The learned Advocate appearing for the applicant would submit that the Hon'ble Supreme Court of India has granted bail to the co-accused vide order dated 10.04.2023 (page no.314). He would further submit that another accused is enlarged on bail vide order dated 21.06.2023 passed by this Court in Bail Application No.830/2023. He would submit that the role
(2) 937-ba-1378-2023 attributed to the applicant and the accused, who are enlarged on bail is similar. He urges to apply principles of parity and seeks release of the applicant on bail.
4.
The learned APP do not dispute that the role attributed to the applicant is similar to that of role attributed to the accused, who are already enlarged on bail under the orders of this Court and order of the Supreme Court of India. 5.
In that view of the matter, applying principles of parity, applicant deserves to be enlarged on bail. Hence, the following order :
ORDER
(i) Bail Application is allowed.
(ii) The applicant, Devidas Namdeo Shrinath be released on bail in Crime No.240/2021 registered with Police Station MIDC, Dist. Jalgaon for the offence punishable under Section 302, 392, 120-B of the Indian Penal Code on executing P.B. and S.B. of Rs.50,000/- (Rs.Fifty Thousand only) each on following condition: a.
The applicant shall not tamper with the prosecution evidence in any manner.
b.
The applicant shall attend trial on each and every date. (iii) Application is disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023