Pappu @ Prashant Razikarya @ Rajnikant Bhosale v. The State Of Maharashtra

906-BA-1960-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1960 OF 2022 PAPPU @ PRASHANT RAZIKARYA @ RAJNIKANT BHOSALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. A. Gaikwad APP for Respondents: Mr. S. P. Sonpawale ....

CORAM : S. G. MEHARE, J.

DATE : 14.02.2023 PER COURT :

1.

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

2.

Similarly situated co-accused have been released on bail by the learned Sessions Court as well as this Court. Nothing remained to be recovered from the applicant. It has been claimed the applicant was not present on the spot of the incident, but other co-accused told his name. Such disclosure by the accused is inadmissible. Since the similarly situated co-accused have been released on bail, the applicant is entitled to parity. Hence, the order :- (i) The application is allowed.

906-BA-1960-22.odt (ii) Applicant Pappu @ Prashant Razikarya @ Rajnikant Bhosale, be released on bail, on executing P.B. and S.B. of Rs.50,000/- with one solvent surety in the like amount, in Crime No. I-107 of 2018 registered with Kopargaon Taluka Police Station, District Ahmednagar, for the offences punishable under Sections 395, 396, 397, 120B, 75, 412 and 414 of the Indian Penal Code, read with Sections 3/25, 7 and 4/25 of the Indian Arms Act, 1959, read with Sections 3(1)(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act, 1999, on the conditions that :- (a) The applicant shall not tamper with the prosecution witnesses.

(b) He shall not indulge in similar crime.

(c) He shall attend the trial on each and every effective date.

(d) He shall not leave his village Burudgaon without intimation to the police station having jurisdiction over village Burdugaon road, Tambemala, Taluka and District Ahmednagar, till conclusion of the trial.

( S. G. MEHARE ) JUDGE ysk