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Bombay High CourtABA/712/2019allowed

Nandkishor Vishnu Bhagevar v. State Of Mah., Thr. Pso P S Khamgaon Gramin Tq Khamgaon Dist Buldhana

2019-11-11Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 712 OF 2019 Nandkishor Vishnu Bhagevar .Vs. State of Maharashtra, PSO, P.S. Khamgaon (Gramin), Tq. Khamgaon, Dist. Buldana. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. D. S. Patil, Advocate for applicant.

Mr. V. A. Thakare, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : NOVEMBER 11, 2019 Heard Mr. Patil, learned counsel for the applicant and Mr. Thakare, learned Additional Public Prosecutor for the non applicant-State. Also perused the reply filed on behalf of the State.

The applicant is apprehending his arrest in connection with Crime No. 123/2019 registered with Police Station, Khamgaon (Gramin), Tq. Khamgaon, Dist. Buldana for an offence punishable under Section 395 of the Indian Penal Code.

The learned counsel for the applicant submits that the co-accused Suraj Ramchoure filed an application before this Court bearing Criminal Application (ABA) No.651/2019 and this Court has granted anticipatory bail in his favour. The role attributed to the present applicant and the role attributed to the said Suraj Ramchoure is identical. Mr. Thakare, learned Additional Public Prosecutor for the State would submit that role attributed is identical to that applicant and Suraj Ramchoure. It is also

reveal to this Court that main accused Dnyaneshwar Baghe was arrested and he is already released by the Court below. Looking to the fact that case of the present applicant is at par with the co-accused Suraj Ramchoure who was released on bail. In that view of the matter, the applicant is entitled for bail on the principle of parity that leads me to pass following order :

ORDER

(i) The application is allowed.

(ii) For the reasons stated in the Criminal Application (ABA) No. 651/2019 stands applicable to the present application.

(iii) In the event of arrest in connection with Crime No. 123/2019 registered with Police Station, Khamgaon (Gramin), Tq. Khamgaon, Dist. Buldana for an offence punishable under Section 395 of the Indian Penal Code, applicant - Nandkishor Vishnu Bhagevar, be released on bail on he executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount.

(iii) Applicant is directed to attend Police Station, Khamgaon (Gramin), Tq. Khamgaon, Dist. Buldana twice a week i.e. on every Tuesday and Friday and shall be with the investigating officer from 11:00 a.m. to 04:00 p.m. till filing of the charge-sheet.

(iv) After filing of the charge-sheet applicant shall attend police Station, Khamgaon (Gramin), Tq. Khamgaon, Dist. Buldana as and when required by the investigating officer. However, for the the investigating officer shall give

clear cut three days prior written communication to the applicant.

The application is disposed of.

JUDGE srwagh