Roshan Khan Jabbar Khan Pathan v. The State Of Maharashtra Through Pso Ps Patur

ba685.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.685 OF 2018 (Roshan Khan Jabbar Khan Pathan Vs. The State of Maharashtra thr. PSO PS Patur, Tah. Patur, Dist. Akola) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms. Ankita Sarkar, Advocate h/f Shri S.V. Sirpurkar, Advocate for Applicant. Shri T.A. Mirza, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 31 st JULY, 2018.

The applicant, who is in custody since 02.04.2018 in connection with Crime 123/2018 registered with the Police Station Patur, District Akola for offence punishable under sections 376 (2)(j)(n), 376(d), 328, 386, 506 read with section 34 of the Indian Penal Code and section 2(h), 3(2) of the Maharashtra Prevention of Eradication Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, is seeking bail on the principle of parity.

2] The submission is that the role allegedly played by the applicant cannot be distinguished from the role played by co-accused Kalandar Khan Shahanoor Khan who is granted bail by this Court by order dated 25.05.2018. This submission is not controverted by the learned A.P.P. Shri Mirza.

ba685.18.O.odt 2 3] The applicant is entitled to bail on the principle of parity.

4] The application is allowed.

[i] The applicant be released on bail on his furnishing a personal bond of Rs.15,000/- with a solvent surety of the like amount.

[ii] The applicant shall not tamper with the evidence nor shall the applicant directly or indirectly attempt to influence the witnesses in any manner.

JUDGE NSN