Altab Abdul Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3177 OF 2024 Altab Abdul Shaikh ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr.Amit Icham a/w Chaitanya Purankar, for the applicant. Mr. P.H. Gaikwad, APP, for the Respondent / State. PSI, Ashok Patil, Swargate Police Station, Present. --------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.12.12 15:15:39 +0530 VARSHA DEEPAK GAIKWAD DATE :

11TH DECEMBER, 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.107 of 2023, registered with Swargate Police Station, Dist: Pune for the offences punishable under Sections 420, 465, 468, 471, 197, 198, 482, 484 r/w Section 34 of the Indian Penal Code and Section 65, 66(A), (C), (E) of the Information and Technology Act. 3.

The co-accused, of whom the role is similar as of the role of the applicant, have been granted bail by the trial Court. The learned APP is not disputing the said fact. However, on instructions, he submits

that there is likelihood that the prosecution may apply for cancellation of bail.

4.

Be that as it may, the fact remains that the similarly circumstanced co-accused have been released on bail by the trial Court.

5.

In the circumstances, the principle of parity will apply to the present case. Accordingly, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant be released on bail in connection with Crime No.107 of 2023, registered with Swargate Police Station, Dist: Pune for the offences punishable under Sections 420, 465, 468, 471, 197, 198, 482, 484 r/w Section 34 of the Indian Penal Code and Section 65, 66(A),(C),(E) of the Information and Technology Act, on furnishing P.R. Bond of Rupees TwentyFive Thousand with one solvent surety in the like amount; iii) Applicant shall make himself available for interrogation by the Investigating Officer as and when required under written intimation;

iv) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the accusation, so as to dissuade them from disclosing such fact to the Court or to

any police officer;

v) Applicant is directed not to commit similar offence;

vi) Applicant shall furnish furnish his copy of Aadhar Card working mobile phone number and permanent address proof;

vii) Applicant shall attend the trial court on each and every date and failure to obey any condition will entail the prosecution for cancellation of bail.

The application is disposed of.

(ANIL S. KILOR, J)