Azimoddin S/O Badroddin v. State Of Maharashtra, Thr. P.S.O. Akotfile Police Station, Akola

2008ba681.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.681 OF 2016 (Azimoddin Badroddin Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anil Mardikar, Senior Advocate for the applicant. Shri M. J. Khan, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

S. B. SHUKRE, J.

DATED : 20 AUGUST, 2016 20 AUGUST, 2016 Heard learned Counsel for the applicant and the learned A.P.P. for the State.

Although the learned A.P.P. for the State has opposed this application on the ground that there is available on record prima facie evidence against this applicant, I am of the view that this argument would have to be considered in the light of the treatment that this applicant deserves to be given in this case. The treatment would obviously be resting on the principle of equality. It is not in dispute that the other co-accused like Alimkhan, Wajidkhan, Imrankhan and Wahid Baig have already been released on bail. They were the persons, as seen from the first information report, who had taken part in the assault. Although, the degree of participation may be varying in nature but fact remains that they were present and were parties to the assault. This applicant also stands on the same footing. Therefore, he deserves to be given benefit of principle of parity.

The application is, therefore, allowed. It is directed that the applicant be released on bail on his furnishing a P. R. Bond in the sum of Rs.25,000/- together with one solvent surety in the like amount on the conditions that he shall regularly attend the Court on the dates fixed in the matter, he shall cooperate with the Court for expeditious disposal of the case and shall not tamper with the prosecution witnesses.

JUDGE wwl

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