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Bombay High CourtCRMAB/173/2018granted

Lawrence Dias, Presently At Central Jail Colvale, Thr. Sushma V. Suryavanshi., v. State Of Goa, Thr. The Public Prosecutor And ANR.,

2018-07-03Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

crmab no.173/2018

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (BAIL) NO.173 OF 2018 Mr. Lawrence Dias ... Applicant

Versus

State of Goa, through Public Prosecutor & Anr.

... Respondents Shri Sidhesh Shet, Advocate for the Applicant. Shri S.R. Rivankar, Public Prosecutor for the Respondents. Coram : NUTAN D. SARDESSAI, J.

Date : 3rd JULY, 2018 ORDER :

Heard Shri S. Shet, learned Advocate for the applicant and Shri S.R. Rivankar, learned Public Prosecutor for the Respondents.

2.

Learned Advocate for the applicant submitted that the applicant was entitled to the benefit of bail on the grounds of parity as the other co-suspects had been released on bail pursuant to the order of this Court dated 24/11/2017. 3.

Shri S.R. Rivankar, learned Public Prosecutor for the respondents has filed his reply on behalf of the State, opposed the application and pressed for its dismissal. 4.

i have heard Shri S. Shet, learned Advocate for the applicant and Shri S.R. Rivankar, learned Public Prosecutor on

crmab no.173/2018 behalf of the respondents. It is a matter of record that the co-suspects in the same Crime have been ordered to be enlarged on bail pursuant to the order dated 24/11/2017 where it has been clearly held that the offence under Section 307 IPC has not been made out against the applicant therein. 5.

Applying the principle of parity, i am inclined to allow the application on the following terms and conditions:

O R D E R

(i) The applicant shall be released on bail on the execution of a Bail Bond in the sum of ₹20,000/- (Rupees Twenty Thousand only) with one local surety in the like amount to the satisfaction of the learned Sessions Judge, North Goa.

(ii) He shall not tamper with the witnesses in any manner or otherwise hinder the course of the investigation.

(iii) He shall make himself available, if required, for any further investigation.

(iv) The application stands disposed off in the aforesaid terms.

NUTAN D. SARDESSAI, J.

NH