Anil S/O Ramdas Palkar (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Hingna, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No.182 of 2015 (Anil s/o Ramdas Palkar V/s State of Maharashtra, thr PSO Hingna, Dist- Nagpur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri A.A. Naik, Adv. for applicant.

Shri V.A. Thakare, APP for respondent.] CORAM : A.B. CHAUDHARI, J.

DATED : 09.06.2015.

Heard the learned Counsel for the rival parties.

The learned Counsel for the applicant has pointed out the order dated 18-04-2015 passed on Criminal Application (BA) Nos. 191 of 2015 and 192 of 2015 in respect of co-accused granting bail for the same offence in which the applicant is prosecuted for the offences punishable under Sections 302, 143, 147, 148. 149 of the Indian Penal Code in Crime No.99 of 2014. The learned Counsel for the applicant states that the chargesheet has been filed in the Court. I have perused the said order. In order to find out whether the applicant's case is similarly situated

and is entitled to the benefit of parity, I have, with the assistance of the learned Counsel for the parties, gone through the statements of the witnesses namely Kapil and Gurubachan Singh.

Undoubtedly, the other co-accused who have been released on bail are said to have been armed with different weapons so also the applicant.

This Court has released the other two co-accused by the aforesaid order. That being so, I think the benefit of parity should be extended to the applicant. As a sequel, the applicant would also be entitled to grant of bail. Hence, I make the following order :- O r d e r A] Criminal Application (BA) No.182 of 2015 is allowed.

B] The applicant shall be released on bail on furnishing a PR bond of Rs.25,000/- with one solvent surety in the like amount.

C] The applicant to cooperate with the Investigating agency and attend the Police Station, Hingna, District Nagpur on second and fourth Sunday of every moth between 09.00 a.m. to 12.00 noon till commencement of the trial and as and when called by the IO.

JUDGE Deshmukh