Bombay High CourtBA/339/2018others disposed off

Atul S/O Murlidhar Milmile v. State Of Maharashtra Through Its Pso, Nandanwan Police Station

2018-04-11Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 ba339.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 339 of 2018 Atul v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B. I. Borikar, Advocate for applicant CORAM : S. B. Shukre, J DATE : 11.4.2018 Issue notice to the respondent-State. Ms Ritu Kaliya, learned Additional Public Prosecutor waives notice for respondent-State and tenders reply of the prosecution, which is taken on record.

It is not in dispute that situation of this applicant in this crime is identical to that of co-accused Kunal and Rahul both of whom have been granted bail by this Court on 5th December 2017 and 15th March 2018 respectively. Therefore, there is no reason for me to deprive this applicant of the same benefit on the principle of parity. Therefore, application deserves to be allowed.

Application is allowed and it is directed that the applicant be released on bail in Crime No. 123/2017 registered with Police Station, Nandanwan, Nagpur for the offences punishable under Sections 302, 364, 143, 144, 147, 149, 201, 120B (1) of the Indian Penal Code read with Section 135 of the Bombay Prohibition Act on his furnishing PR Bond of Rs. 30,000/- together with one solvent surety in the like sum, on the following conditions :

2 ba339.18 (1) Applicant shall not enter the jurisdiction of Police Station, Nandanwan, Nagpur till conclusion of the trial. (2) Applicant shall not tamper with the prosecution witnesses in any manner.

(3) Applicant shall cooperate with the trial Court in expeditious disposal of the case.

Disposed of.hjio JUDGE joshi