Honey Jite Walmiki v. State Of Maharashtra

22-ba-1382-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1382 OF 2024 Honey Jite Walmiki ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Amit Icham, for the applicant.

Mr. Pankaj Deokar, APP, for the Respondent / State.

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.09.25 11:00:47 +0530 DATE :

23rd SEPTEMBER, 2024.

VARSHA DEEPAK GAIKWAD PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.544 of 2023, registered with Wanawdi Police Station, Dist: Pune for the offences punishable under Sections 397, 341, 201, 120-B r/w 34 of the Indian Penal Code, Sections 3(25), 27 of the Arms Act and Section 37(1)(3) r/w. 135 of the Maharashtra Police Act. 3.

The learned counsel for the applicant seeks parity in view of the fact that the co-accused has been released on bail. However, after going through the order passed by the trial Court, it is evident that the trial Court has granted bail on irrelevant considerations. varsha

22-ba-1382-2024.doc 4.

In the circumstances, I am of the opinion that the principles of parity will not be apply to the applicant. 5.

On merit after going through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the offence is very serious and the accused fired five rounds by the firearm and the son of the informant got injured in the said incident.

6.

Thus, considering the seriousness of the offence and the weapon used in the offence though it was not recovered from the applicant but two pistols were recovered from the co-accused, I am of the opinion that this is not a fit case for grant of bail. Accordingly, it is rejected.

(ANIL S. KILOR, J) varsha