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Bombay High CourtABA/611/2019allowed

Pravin Babanlal Patle v. State Of Mah., The. P.S.O. Shegaon ()Ciety), Dist. Buldhana

2019-09-17Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.611/2019 Pravin s/o Babanlal Patle ..vs..

State of Mah., thr. PSO Shegaon (City), District Buldhana ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri K.S.Motwani, Counsel for the Applicant.

Shri M.J.Khan, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : SEPTEMBER 17, 2019.

1.

This is an application for grant of anticipatory bail since the applicant is apprehending his arrest in connection with Crime No.324/2019 registered with Shegaon City Police Station, District Buldhana for offences under Sections 323 and 395 of the Indian Penal Code. 2.

Heard learned counsel Shri K.S.Motwani for the applicant and learned Additional Public Prosecutor Shri M.J.Khan for the State. Also, perused reply filed on behalf of the State.

3.

Primarily, the present application is pressed into service on principle of parity.

4.

Learned counsel Shri K.S.Motwani for the applicant, submitted that co-accused, whose roles are similar to that of present applicant, approached to this by filing Criminal Application (ABA) No.551/2019 and on 4.9.2019 .....2/-

after considering the prosecution case, their bail application was allowed by imposing certain conditions upon them. 5.

Learned Additional Public Prosecutor Shri M.J.Khan for the State, fairly submitted that role ascribed to the present applicant and roles ascribed to applicants in Criminal Application (ABA) No.551/2019 are identical. 6.

In view of the statement made by learned Additional Public Prosecutor for the State, surely, the present application is required to be considered favourably on principle of parity.

7.

Here, it is to be observed that on 30.8.2019 the present applicant was protected and he was directed to attend Shegaon City Police Station, District Buldhana from 3.9.2019 to 10.9.2019 and shall be with Investigating Officer from 11:00 a.m. to 5:00 p.m.. Accordingly, the applicant attended the police. There is no dispute about the same. 8.

In view of the aforesaid, I pass following order:

ORDER

(a) The criminal application is allowed.

(b) In the event of arrest of applicant-Pravin s/o Babanlal Patle, in connection with Crime No.324/2019 registered with Shegaon City Police Station, District Buldhana for offences under Sections 323 and 395 of the Indian Penal Code, the applicant be released on bail on he executing a P.R.Bond in the sum of Rs.15,000/- with one solvent surety of the like amount.

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(c) The applicant shall attend the police station as and when he is directed by Investigating Officer, till filing of chargesheet, however Investigating Officer shall give him a 3-day written communication.

(d) With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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