Somesh Suresh Katte v. The State Of Maharashtra

2024:BHC-AUG:26146

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

957 BAIL APPLICATION NO. 1882 OF 2024 SOMESH SURESH KATTE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondent-State : Mr.A.A.A. Khan ....

AND 969 BAIL APPLICATION NO. 1897 OF 2024 MAYURESH SURESH KATTE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondent-State : Mr.A.A.A. Khan ...

CORAM : S. G. MEHARE, J.

DATE :

23rd October, 2024.

P.C.:

1.

Heard the learned counsel for the applicants and the learned APP for the respondent-State.

2.

Both applicants seek bail in Crime No.176 of 2021 registered with Itwara Police Station, Tq. & Dist. Nanded, for the offences punishable under sections 302, 307, 120(B), 143, 147, 149, 294 of the Indian Penal Code, sections 3/25, 4/27 of the Arms Act and sections 3(1)(2), 3(2), 3(4) of MCOC Act, 1999.

3.

The learned counsel for the applicants seek bail on parity. Similarly situated co-accused have been granted bail. The role attributed to the applicants were that they were just chasing the

deceased, but they did not assault him. The application of applicantMayuresh is a successive after the bail was granted to other coaccused, hence he also claim parity. 4.

The learned APP would submit that main accused, who assaulted the deceased, has been granted bail. The role attributed to the applicants was that they were chasing the deceased. They did not assault the deceased.

5.

The similarly situated co-accused have been granted bail. Hence, the applicants deserve parity along with the role attributed them. Hence, the following order:

O R D E R

(i) Bail Applications are allowed.

(ii) Applicant SOMESH SURESH KATTE in Bail application No.1882 of 2024 and applicant MAYURESH SURESH KATTE in Bail Application No.1897 of 2024 be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of like amount by each of them, in the above crime for the aforesaid offences, on the following conditions :

(a) The applicants should not tamper with the prosecution witnesses.

(b) They should not enter in Nanded district for one year from the date of their release except for attending the trial.

(c) They should submit the proof of their residential address and cell phone numbers to the police for a period mentioned above.

(d) They should keep the PSO of the concerned Police Station informed about their whereabouts on each Thursday between 11.00 a.m. and 2.00 p.m. till the trial is concluded. (e) They should not involve in the identical crimes. (f) They should attend the trial on each and every date. (S.G. MEHARE, J.) sga