Shri. Vinod Pandharinath Dhakane (In Jail) v. State Of Maharashtra Thr. P.S.O. Maregon, Dist. Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.838 OF 2017 Shri Vinod Pandharinath Dhakane ..vs..

State of Maharashtra, thr. PSO PS Maregaon, Tahsil Maregaon, District Yavatmal ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... \ Shri P.M. Pande, Counsel for the applicant.

Shri R.S. Nayak, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 11, 2017.

Heard learned counsel Shri P.M. Pande for the applicant and learned Additional Public Prosecutor Shri R.S. Nayak for the State.

The applicant is arrested in connection with Crime No.267 of 2016 registered with Police Station Maregaon, District Yavatmal for the offences punishable under Sections 376(D), 341, and 363 of the Indian Penal Code read with Section 3(1)(xii) & 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the applicant submits that the investigation is over and the charge-sheet is already filed. He also submits that co-accused Ganesh Ghugal is already released on bail by this Court (Coram : Z.A. Haq, J.) on 24.7.2017. .....2/-

According to the learned counsel for the applicant, the case of the present applicant and Ganesh is identical. Learned Additional Public Prosecutor submits that submission made in this behalf by learned counsel for the applicant is correct.

In that view of the matter, the applicant is also entitled to be released on bail on the principle of parity. That leads me to pass the following order:

ORDER

i) The criminal application is allowed.

ii) Applicant Vinod Pandharinath Dhakane be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with two solvent sureties of the like amount in connection with Crime No.267 of 2016 registered with Police Station Maregaon, District Yavatmal for the offences punishable under Sections 376(D), 341, and 363 of the Indian Penal Code read with Section 3(1)(xii) & 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

iii) Till conclusion of the Trial, the applicant shall not enter village Kumbha, Tahil Maregaon, District .....3/-

Yavatmal unless permission is granted by learned Judge of the Special Court.

iv) The applicant shall give details of the address where he would be residing, till the conclusion of the Trial.

v) The applicant shall also furnish his cellphone number and cellphone number of the persons who will stand surety for him to the investigating officer.

vi) The applicants shall be released on bail only after aforesaid formalities are completed.

vii) With this, the criminal application is disposed of.

JUDGE !! BRW !!

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