Umakant S/O Narayanrao Patil v. State Of Maharashtra, Thr. P.S.O. Pulgaon, Wardha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.419 of 2016 (Umakant s/o Narayanrao Patil v. State of Maharashtra, through PSO, Pulgaon, Tq. Deoli, Dist. Wardha) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Mahesh Rai, Advocate for Applicant.

Shri P.S. Tembhare, APP for Non-Applicant/State. Coram : R.K. Deshpande, J.

Date : 15 th July, 2016 This application is moved for grant of pre-arrest bail under Section 438 of the Code of Criminal Procedure on the ground of parity. The earlier application filed by the applicant was rejected by this Court on 1-2-2016. Thereafter, the main accused-Vijay Maroti Dange was granted anticipatory bail in Criminal Application No.167 of 2016.

Notice in this application was issued on 1-7-2016 and the applicant was granted interim anticipatory bail. The non-applicant/State has filed reply to this application and it is not disputed by the learned Additional Public Prosecutor that Vijay Maroti Dange is the main accused and he has been released on anticipatory bail as per the order passed by this Court. The learned counsel for the applicant has relied upon the decision of

the Apex Court in the case of Gauri Shankar Poddar v. State of Haryana, reported in 2016 ALL MR (Cri) 1792 (S.C.). In view of the fact that the main accused has already been granted anticipatory bail, the present applicant cannot be denied the same on the ground of parity. Hence, the following order is passed :

In the event of arrest of the applicant in Crime No.206 of 2015 registered at Police Station Pulgaon, District Wardha for the offence punishable under Sections 420 and 506 read with Section 34 of the Indian Penal Code, the applicant shall be released on bail on furnishing a PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount. The applicant shall make himself available for interrogation by the police officers as and when required.

The criminal application is allowed and disposed of accordingly.

Judge.

Lanjewar

CERTIFICATE "I certify that this Order uploaded is a true and correct copy of original signed Order."

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Uploaded on :15-7-2016 P.D. Lanjewar, PS to Hon'ble Judge