Nihal S/O Abhay Shambharkar v. State Of Mah., Thr. P.S.O. Ps Ajni, Tq And Distnagpur

ba112of2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 112 OF 2020 (Nihal s/o. Abhay Shambharkar..vs.. State, thr PSO, PS Ajni, Tah. Dist. Nagpur) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Shri C.G. Barapatre, counsel for applicant.

Shri S. Doifode, Addl. Public Prosecutor for respondent. CORAM: ROHIT B. DEO, J.

DATE: 17 th FEBRUARY, 2020.

The applicant is facing prosecution for offence punishable under section 302 read with section 34 of the Indian Penal Code.

2.

The applicant is seeking bail on the ground of parity.

3.

The submission is that out of three accused, the deceased was stabbed by Pavan Bhosale. The submission is that the co-accused Snehanshu against whom it is alleged that he assaulted the deceased on legs, is released on bail. 4.

The submission is that the role played by the present applicant is similar to that played by the accused Shehanshu Shri S. Doifode, the learned Addl. P.P. points out that in addition to the allegation that the applicant not only assaulted to deceased with wooden rafter, the allegation is that he also assaulted the persons accompanying the

ba112of2020.odt deceased. Further, the applicant has adverse antecedents. The applicant is already facing four prosecutions. Three prosecutions are for offence punishable under section 392 of the IPC.

5.

Considering the antecedents of the applicant, I am not inclined to grant bail on the ground of parity. The application is rejected.

Judge Belkhede RS