Shreyas Santosh Thite v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1830 OF 2024 Shreyas Santosh Thite, Age 25 years, Occ.Labour, R/o.Veer, Tal.Purandar, District Pune.

(Presently at Yerwada Central Prison) Applicant versus The State of Maharashtra Respondent Mr.Vikram R.Shinde, Advocate for Applicant.

Mrs.Veera Shinde, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

21st 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.210 of 2021 registered with Jejuri Police Station, District Pune, for the offences punishable under Sections 307, 326, 324, 323, 336, 452, 143, 147, 148, 149, 504, 506 of the Indian Penal Code r/w Section 3(25)(27), 4(25), 5(25) of Arms Act r/w Section 135 of Maharashtra Police Act r/w Section 83(2) of Juvenile Justice (Care and Protection of Children) Act, 2015 r/w Sections 3(1)(ii), 3(4) of Maharashtra Organized Crimes Act, 1999.

3.

In the present case there are total eight accused out of which MANISH SURESHRAO THATTE Date: 2024.08.21 17:42:32 +0530 MANISH SURESHRAO THATTE seven are released on bail. Five accused are released on bail by the Special Court and two accused are released by this Court. The

2 of 3 904.BA.1830.2024.doc allegations against the Applicant and the accused who are released on bail are of similar nature. As far as recovery is concerned, the case of Applicant is on better footing. The accused persons who used weapons and there is recovery of weapons, they are released. As far as Applicant is concerned, cricket stump was recovered from him. 4.

In that view of the matter, I am of the view that principle of parity will be applied in the matter of Applicant. 5.

As far as antecedent is concerned, there is one antecedent and considering that, I am of the opinion that bail can be granted on stringent conditions.

ORDER

(i) Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.210 of 2021 registered with Jejuri Police Station, District Pune, for the offences punishable under Sections 307, 326, 324, 323, 336, 452, 143, 147, 148, 149, 504, 506 of the Indian Penal Code r/w Section 3(25)(27), 4(25), 5(25) of Arms Act r/w Section 135 of Maharashtra Police Act r/w Section 83(2) of Juvenile Justice (Care and Protection of Children) Act, 2015 r/w Sections 3(1)(ii), 3(4) of Maharashtra Organized Crimes Act, 1999 on furnishing P.R.Bond of Rupees Fifty Thousand with one solvent surety in the like amount; (iii) The Applicant shall not enter into territorial jurisdiction of Jejuri Police Station, District Pune, till conclusion of trial except for trial;

(iv) The Applicant shall provide his address and name of nearby Police Station to the Investigating Officer and attend said Police Station on 1st and 16th day of every month between 11.00 am and

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(v) 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; (vi) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence or breaches any condition; (vii) 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