Nitin Gulab Madande v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2263 OF 2024 Nitin Gulab Madande ...

Applicants V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Tapan Thatte a/w Mr. Vivek Arote, for the applicant. Mr. Pankaj Deokar, APP, for the Respondent / State. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.31 12:22:06 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

29TH 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.303 of 2019, registered with Walchandnagar Police Station, Dist: Pune for the offences punishable under Sections 395 of the Indian Penal Code, 1860 (for short, 'IPC') and Sections 3(1) (ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 , (for short, " MCOC Act "). 3.

In the present matter the learned counsel for the applicant is claiming parity. It is submitted that one Karan Shende, co-accused has been released on bail by this Court vide order dated 18th July, 2023

in Criminal Bail Application No. 2149 of 2022. He has drawn attention of this Court to paragraph 8 of the order, wherein this Court has considered the confessional statement of co-accused Nitin Madane and also antecedents against the said co-accused Karan Shende. 4.

In the said backdrop though the learned APP is strongly opposing the application, having gone through the charge-sheet and the above-referred order of this Court, I am of the opinion that since the role of the applicant is similar, the parity would apply to the applicant.

5.

In that view of the matter, the application is allowed. Accordingly, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.303 of 2019, registered with Walchandnagar Police Station, Dist: Pune for the offences punishable under Sections 395 of the Indian Penal Code, 1860 and Sections 3(1) (ii) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one or two sureties in the like amount;

iii) The applicant shall remain present before the concerned police station on first Saturday of each month between 11.00a.m to 2.00 p.m. till the conclusion of the trial;

iv) The applicant shall present before the trial Court on each date unless exempted specifically by the Court; v) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case. The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)