Aijaj Khan S/O. Ayyub Khan (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Vasant Nagar Pusad Dist Yavatma

ba737.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (B A ) NO.

OF 2018 (Aijaj Khan s/o Ayyub Khan Vs. State of Maharashtra thr. PSO PS Vasant Nagar, Pusad, Tah. Pusad, Dist. Yavatmal) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri R.M. Daga, Advocate for Applicant.

Shri T.A. Mirza, APP for Respondent-State.

CORAM: ROHIT B. DEO , J.

DATE: 2 7 th JULY , 201 8 .

By order dated 17.07.2018 this Court has granted bail to co-accused Shaikh Aifaz s/o Shaikh Afsar. 2] The applicant is seeking bail on the principle of parity.

3] It is not controverted by the learned A.P.P. Shri Mirza that the case of the present applicant cannot be distinguished from that of Shaikh Aifaz in as much as the material which is placed on service is virtually the same. This applicant and co-accused Shaikh Aifaz who is granted bail by this Court were allegedly seen in the company of the deceased at 09:00 p.m. or thereabout on 31.10.2017. The body of the deceased was discovered at 09:45 a.m. on 01.11.2017.

ba737.18.O.odt 2 4] The other material is the discovery of the weapon, but then the discovery is from third accused one Guddu.

5] For reasons recorded in order dated 17.07.2018 in Criminal Application (BA) 607/2018 this application is allowed.

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

[ii] The applicant shall not enter the territorial jurisdiction of Pusad except to attend the Court hearings unless specifically permitted to do so, for compelling reasons, by the learned Trial Court.

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

JUDGE NSN