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Bombay High CourtBA/551/2018allowed

Manoj Ajit Tejaswi v. The State Of Maharashtra Through Station House Officer

2018-07-10Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba551of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CRIMINAL APPLICATION (ABA) 551 OF 2018 (Manoj Ajit Tejaswi..vs.. The State, thr PSO Awadutwadi (Wadgaon Road) Yavatmal) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.D. Darne, counsel for applicant.

Shri N.H. Joshi, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE: 10 th July, 2018.

Heard.

Since this Court has released co-accused Lakhan Bandu Jedhe on bail by order dated 5.6.2018 in Criminal Application 427 of 2018, bail is sought on the principle of parity.

It is not in dispute that the case of the present applicant can not be distinguished from that of the coaccused Lakhan, who is granted bail by this Court. It appears, prima facie, that the limited role attributed to the applicant is of the disposal of the dead body. The learned APP Shri N.H. Joshi points out that in the post mortem report the opinion as to the cause of death is reserved, which according to the learned APP would imply that the death may as well be due to burn injuries.

However, since prima facie, there is no material to suggest that the applicant was involved in a conspiracy to murder the deceased, this application shall have to be allowed on the principle of parity.

ba551of18.odt 2 The applicant be released on bail on furnishing personal bond of Rs. 15,000/- with a solvent surety of the like amount.

The applicant shall cooperate in expeditious disposal of the trial.

The applicant shall not tamper with the evidence nor shall he attempt to influence the witnesses in any manner.

The applicant to attend the Police Station Wadgon Road, Yavatmal once after release and thereafter as and when needed by the Investigating Officer. JUDGE RSB