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Bombay High CourtBA/1789/2024allowed

Anil Atmaram Sarode v. The State Of Maharashtra

2024-08-14Hon'Ble Shri Justice Anil S. Kilor2 pages

1 of 2 25.BA.1789.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1789 of 2024 Anil Atmaram Sarode, Age 50 years, Occ.Business, R/o.Mohan Nagar, Bhosari, Moshi, Pune.

(presently lodged in Yervade Prison) Applicant versus The State of Maharashtra Respondent Mr.Mr.Sachin H.Deokar, Advocate for Applicant. Mr.Pankaj P.Deokar, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

14th August 2024 PC :

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.697 of 2021 registered with MIDC Bhosari Police Station, District Pune, for the offences punishable under Sections 364, 302, 323, 504, 114, 143, 147, 149 of the Indian Penal Code.

3.

Two co-accused Mayur Sarode and Akshay Doiphode have been granted bail by this Court. Learned APP is not disputing the fact that role of the Applicant and the co-accused who have been released on bail are of similar nature. Learned counsel for applicant is therefore seeking bail on the ground of parity. MANISH SURESHRAO THATTE Date: 2024.08.19 16:48:38 +0530 MANISH SURESHRAO THATTE 4.

Having gone through the charge sheet and relevant material collected by the Investigating Officer during investigation, it is clear that whole case is based on circumstantial evidence. Furthermore,

2 of 2 25.BA.1789.2024.doc considering the nature of allegations which are similar with the allegations made against the co-accused who have been released on bail, I am of the opinion that Applicant is entitled for grant of bail on the principles of parity. Hence I pass following order :

ORDER

(i) Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Sessions Case No.590 of 2022 pending before learned Additional Sessions Judge, Pune arising out of Crime No.697 of 2021 registered with MIDC Bhosari Police Station, District Pune, for the offences punishable under Sections 364, 302, 323, 504, 114, 143, 147, 149 of the Indian Penal Code on furnishing P.R.Bond of Rupees Twenty Five Thousand with one solvent surety in the like amount; (iii) The Applicant shall attend MIDC Bhosari Police Station, District Pune, on every 1st and 16th of every month between 12.00 noon and 2.00 pm till conclusion of trial;

(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence; (v) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;

(vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

(ANIL S.KILOR, J.) MST