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Bombay High CourtABA/408/2022allowed

Chetan S/O Ravinddra Mankar v. State Of Mah. Thr. Pso, Ps Yavatmal City, Tq. And Dist. Yavatmal.

2022-07-04Hon'Ble Shri Justice Anil S. Kilor2 pages

27-aba-408-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 408 OF 2022 Chetan s/o Ravinddra Mankar Versus State of Maharashtra, through P.S.O., P.S. Yavatmal City Tq. & District Yavatmal.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.R.Agrawal, Advocate for the applicant. Shri V.A. Thakre, APP for the non-applicant /State. CORAM : ANIL S. KILOR, J.

DATED : 04/07/2022 1.

The applicant is seeking pre-arrest bail in Crime No.31 of 2020, registered with Police Station Yavatmal City, District-Yavatmal for the offences punishable under Sections 420, 408, 409, 467, 468 and 471 read with Section 34 of the Indian Penal Code, 1860.

2.

Shri P.R. Agrawal, learned counsel for the applicant submits that he has been falsely implicated in the alleged offence. He further submits that considering the allegations made in the FIR custodial interrogation of the applicant is not necessary. He lastly argues that all other accused persons have already been released on bail and as such, the applicant is entitled for grant of bail on parity. 3.

On the other hand, Shri V.A. Thakre, learned APP strongly opposes the present application. rkn

27-aba-408-22.odt 4.

I have perused the Case Diary and the FIR.

5.

The FIR, in the present matter came to be lodged in view of the directions issued, vide order dated 07/01/2020 passed by the Judicial Magistrate First Class, Yavatmal.

6.

In this case, the applicant is the accused No.9, and except the applicant all other accused persons have been released by granting pre-arrest bail. Thus, according to me since the role of the applicant is not different than the role of the other co-accused persons, the applicant is entitled for parity. Accordingly, I pass the following order: i) The criminal application is allowed.

ii) The order dated 17/06/2022 is confirmed.

iii) The applicant shall attend the concerned Police Station on Saturday and Sunday between 10.00 a.m. to 12.00 noon for three weeks from today and thereafter as and when his presence is required. [ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR rkn