Natvar Kishor Jadhav v. The State Of Maharashtra

2024:BHC-AUG:1521 905-BA.2359-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 BAIL APPLICATION NO. 2359 OF 2023 NATVAR KISHOR JADHAV

VERSUS

THE STATE OF MAHARASHTRA ...

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

...

CORAM : S. G. MEHARE, J.

DATE :

24.01.2024 PER COURT :- 1.

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

2.

This is a successive bail application on the ground of parity. The applicant was identified in test Identification parade and his vehicle was also seized. The only eye witness was the first informant and he has been turn hostile. Turning the witness hostile may not be a ground for bail. However, on similarly situated facts, this Court (Coram : S. G. Chapalgaonkar, J.) granted the bail discussing the importance of the test identification parade. The role attributed to the applicant is identical to the role attributed to the co-accused

905-BA.2359-23.odt Ankush, who has been granted bail. In the circumstances, the applicant deserves parity. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant NATVAR KISHOR JADHAV be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, in Crime No.411 of 2021, registered by Police Station Dharangaon, District Jalgaon, for the offences punishable under Sections 302, 393, 396 and 120-B of the IPC, on the following condition :

(a) The applicant shall attend the trial on each and every date. If he would fail without sufficient reason for two consecutive dates, the Sessions Judge may cancel his bail.

(b) Bail before the learned Sessions Court.

(S. G. MEHARE, J.) ...

vmk/-