Ankush S/O Rajendra Sable v. State Of Mah. Thr. Pso Ps Chandur Bazar Dist.Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.

OF 2022 Ankush s/o Rajendra Sable Versus State of Maharashtra, thr. PSO., P.S. Chandur Bazar, District Amravati.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.R.Prajapati, counsel for the applicant. Ms M.A.Barbde, APP for non-applicant/State.

CORAM : ANIL S. KILOR, J.

DATED : 19/07/2022.

1.

Heard.

2.

The applicant is seeking bail in connection with Crime No. 45/2022, registered with Police Station Chandur Bazar, District Amravati, for the offences punishable under Sections 302, 307, 504, 506, 34 read with Sections 147, 148, 149 of the Indian Penal Code, 1860.

2.

Shri R.R. Prajapati, learned counsel for the applicant submits that two co-accused persons of whom role is similar with role of the applicant, were released on bail. Thus, he submits that, on the principles of parity, the applicant may be released on bail.

3.

It is submitted that only allegations as per the statement of the injured, is that he was assaulted by the present applicant by feasts and kick. It is further pointed that that the cause of death is a stab injury, which was

caused because of the overt act of the main accused Ghanshyam. Accordingly, he prays for grant of bail. He further points out that the investigation is completed and the charge-sheet has been filed, and submits that as such, further custody of the applicant is not necessary..

5.

On the other hand, Ms M.A.Barbde, learned APP strongly opposed the present application and submits that the offence is very serious and considering the role of the applicant, he may not be released on bail.

6.

I have perused the Charge-sheet, Application and Reply filed by the State.

7.

The co-accused Shrikesh Dhomne and Sultan @ Raja Khan, they have been released on bail and if their role is considered with the role of the present applicant, it can be seen that the similar allegations are made against the applicant. Thus, the applicant is similarly circumstanced with the co-accused, who have been released on bail. 8.

After considering the Post Mortem Report, wherein the cause of death is shown as stab injury to the abdomen, which was caused because of blows given by the main accused by knife.

9.

In this case, the investigation is over and the chargesheet has been filed. Thus, considering the above referred material and the fact that role of similarly circumstanced co-accused have been released on bail, I am of the opinion

that principles of parity will apply to the present applicant. Accordingly, I pass the following order.

i) The criminal application is allowed.

ii) It is directed that the applicant in Crime No. 45/2022, registered with Police Station Chandur Bazar, Dist. Amravati, for the offences punishable under Sections 302, 307, 504, 506, 34 read with Section 147, 148 and 149 of the Indian Penal Code, 1860, shall be released on bail on furnishing P.R. Bond of Rs. 25,000/- with one solvent surety in like amount.

iii) The applicant shall attend the concerned Police Station on 1st and 16th day of each month, till culmination of the trial.

The criminal application is disposed of accordingly. [ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR Personal Assistant to the Hon'ble Judge