Harsh Suresh Mhaske v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3347 OF 2024 Harsh Suresh Mhaske ...
Applicant V/s.
State Of Maharashtra ...
Respondent ------------------- Mr. Aniket Vagal with Kunal Pednekar and Savvy Kolhekar, for the applicant.
Ms. Ashwini Takalkar, APP, for the Respondent / State. API, Shantaram Mahajan, UPNagar Police Station, Nashik City, Present.
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CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.10.17 10:27:17 +0530 VARSHA DEEPAK GAIKWAD DATE :
16TH OCTOBER, 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.I-555 of 2020 registered with Upnagar Police Station, Nashik, for the offences punishable under Sections 302, 395, 397, 143, 147, 148, 149, 120(B) and 201 read with 34 of the Indian Penal Code, Sections 3(1) (i) (ii), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organized Crime Act, Sections 3/25 and 4/25 of the Arms Act read with Section 135 of the Maharashtra Police Act.
3.
The learned APP filed an affidavit, the same is taken on record.
4.
This Court granted bail to three co-accused, Rahul, Aman and Sahil vide order dated 23rd July 2024 in respective Criminal Bail Applications.
5.
The learned APP is not disputing that the role of the present applicant and the co-accused who have been released on bail is similar.
6.
In that view of the matter, since the principles of parity will apply, 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.I-555 of 2020 registered with Upnagar Police Station, Nashik, for the offences punishable under Sections 302, 395, 397, 143, 147, 148, 149, 120(B) and 201 read with 34 of the Indian Penal Code, Sections 3(1) (i) (ii), 3(2), 3(3) and 3(4) of the Maharashtra Control of Organized Crime Act, Sections 3/25 and 4/25 of the Arms Act read with Section 135 of the Maharashtra Police Act, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one surety in the like amount;
iii) The applicant shall report Upnagar Police Station, Nashik, once in a month on first Saturday of the month between 11.00a.m. to 1.00p.m till further order; iv) The applicant shall not enter the area of Nashik District till the conclusion of the trial except with the leave of the trial Court and for the purpose of reporting to the investigating officer;
v) The applicant shall not contact any of the co-accused and indulge in the activities identical to the one for which he has been arraigned in this case;
vi) The applicant shall attend trial Court regularly on the date of hearing of the case unless exempted by the Court for some reason;
vii) The applicant shall not tamper with the evidence or give threat or inducement to any of the prosecution witnesses;
viii) The applicant shall furnish the address of his place of residence and contact details while residing outside Nashik District to the investigating officer;
ix) The applicant shall report to the nearest police station to his residence while residing outside Nashik
District twice a month on the first and third Monday of the month.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)