Prakash S/O. Namdeo Raut (In Jail) v. State Of Maharashtra Thr. Police Station Officer Rana Pratap Nagar Police Station Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.1264/2017 Prakash s/o Namdeo Raut ..vs.. The State of Maharashtra through PSO P. S. Rana Pratap Nagar, Nagpur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. K. Shukul, Advocate for applicant.
Mr. V. A. Thakare, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.
DATED : JANUARY 16, 2018 1.
Heard Mr. K. Shukul, Advocate for applicant Mr. V. A. Thakare, A.P.P. for non applicant-State. 2.
The applicant is arrested in connection with Crime No.348/2013 registered with Police Station, Rana Pratap Nagar, Nagpur for an offence punishable under Sections 406, 409, 420, 120-B, 201 read with Section 34 of the Indian Penal Code, Section 45 (S), 58(B) and 5(a) of the Reserve Bank of India Act. The applicant is arrested on 06.11.2017.
3.
The learned counsel for the applicant states that the name of the applicant is not figuring in the FIR. He submitted that the role of the present applicant is that he used to work as an agent of Shreesurya Investment Company.
4.
It is submitted by learned counsel for the applicant that the other agents of Shreesurya are already released on bail either by this Court or by the learned trial Court. He therefore prayed for releasing the applicant on bail.
5.
The learned counsel for the applicant submitted that, after his retirement from the Government service, the applicant was working as an agent of Shreesurya. The learned A.P.P. for the State submitted that the investigation is already over and the charge-sheet is already filed long ago. He submitted that the statement made by the learned counsel for the applicant that the other agents of Shreesurya are released on bail, either regular or anticipatory, cannot be faulted with. He fairly submitted that the role of the present applicant is identical with that of the other agents who are already released on bail.
6.
Looking to the fact that the charge-sheet is already filed and other agents are already released on bail, in my view, the applicant is entitled to be released on bail on the principle of parity.
7.
In view of above, following order is passed.
ORDER
(i) Criminal Application No. 1264/2017 is allowed.
(ii) Applicant-Prakash s/o Namdeo Raut be released on bail in connection with Crime No.348/2013 registered with Police Station, Rana Pratap Nagar, Nagpur for an offence punishable under Sections 406, 409, 420, 120-B, 201 read with Section 34 of the Indian Penal Code, Section 45 (S), 58(B) and 5(a) of the Reserve Bank of India Act, on he executing P.R. Bond in the sum of Rs.50,000/- with two solvent sureties in the like amount.
The application stands disposed of accordingly. JUDGE kahale