Uday Hemchandra Bonde v. State Of Mha. Thr. Pso Ps Walgaon Dist.Amravati

8.aba.586.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.586 OF 2022 Uday Hemchandra Bonde .Vs. State of Maharashtra, through P.S.O., P.S. Walgaon, Dist. Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Suyash Agrawal, Adv. h/f Shri S.V. Sirpurkar, Adv. for the applicant. Shri T.A. Mirza, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 30/08/2022 1.

The applicant is seeking pre-arrest bail in Crime No.167 of 2022, dated 27.05.2022, registered with Police Station Walgaon, District: Amravati, for the offences punishable under Sections 420, 463 and 468 read with Section 34 of the Indian Penal Code, Sections 3 and 7 of the Essential Commodities Act, Section 7(a) and 8 of Seeds Act, Section 8 and 38 of the Seed Rules and Section 3 and 18 of the Seeds (Control) Order, 1983.

2.

Shri Agrawal, learned counsel for the applicant submits that the co-accused namely Madhav Prabhakar Nimkar and Kishor Tukaramji Wankhede have already released on anticipatory bail and the role of the applicant is similar with the co-accused persons. Accordingly, he prays for grant of pre-arrest bail on the principle of parity. 3.

On the other hand, Shri Mirza, learned APP is not disputing the fact that, co-accused Madhav and Kishor have already released on bail.

C.L.Dhakate

8.aba.586.2022.odt 4.

I have perused the First Information Report (FIR) and the application.

5.

Considering the fact that, this Court vide order dated 18.07.2022 in Criminal Application (ABA) No.482 of 2022 granted bail to the co-accused Madhav Nimkar and vide order dated 01.08.2022 in Criminal Application (ABA) No.449 of 2022 granted bail to the co-accused Kishor Wankhede, I am of the opinion that as the role of the applicant is similar with the role of those co-accused, the applicant is entitled for grant of bail. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) Order passed by this Court on 04.08.2022, granting ad-interim anticipatory bail, is confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

c) The applicant shall attend the concerned Police Station as and when his presence is required. The criminal application is disposed of accordingly.

[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate