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Bombay High CourtBA/3389/2024allowed

Arjun Rohidas Chandanshive v. State Of Maharashtra

2024-10-21Hon'Ble Shri Justice Anil S. Kilor3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3389 of 2024 Arun rohidas Chandanshive, Age 48 years, Occ.Business, R/o.Sr.No.131/1, Panmala Vasahat, Sinhgad Road, Pune.

Applicant versus The State of Maharashtra Respondent Mr.Satyavrat Joshi i/by Mr.Salman Pathan, Advocate for Applicant. Mr.Sameer M.Mangaonkar, APP, for State.

CORAM :

ANIL S.KILOR, J.

DATE :

21st 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.234 of 2023 registered with Dattawadi Police Station, Pune, for the offences punishable under Sections 307, 326, 506, 143, 144, 147, 148, 149 of Indian Penal Code r/w Sections 4 and 25 of Arms Act r/w Sections 37(1) and 135 of Maharashtra Police Act.

3.

This Court has granted bail to the co-accused Raj @ Vicky and Kunal vide order dated 13th June 2024 and 21st August 2024 in MANISH SURESHRAO THATTE Date: 2024.10.21 18:03:24 +0530 MANISH SURESHRAO THATTE Criminal Bail Application No.1929 of 2024 and Criminal Bail Application No.1621 of 2024 respectively. Learned counsel for Applicant is seeking parity with the co-accused who have been

2 of 3 8.BA.3389.2024.doc released on bail. The same is being opposed by learned APP on the ground that there is one antecedent against Applicant u/s.302. In reply, learned counsel for Applicant points out that Applicant has been acquitted in the said offence.

4.

In the above referred backdrop, since the role of the co-accused who have been released on bail and the role of Applicant is same, I am of the opinion that parity will apply. 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 Crime No.234 of 2023 registered with Dattawadi Police Station, Pune, for the offences punishable under Sections 307, 326, 506, 143, 144, 147, 148, 149 of Indian Penal Code r/w Sections 4 and 25 of Arms Act r/w Sections 37(1) and 135 of Maharashtra Police Act on furnishing P.R.Bond of Rupees Twenty Five Thousand with one solvent surety in the like amount;

(iii) The Applicant shall attend Dattawadi Police Station, Pune, on every 1st and 16th of every month between 11.00 a.m and 12.00 noon till conclusion of trial, except on the date of trial; (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 breaches any condition or misuses the liberty or commits similar offence;

(vii) The Applicant shall attend the trial before the Trial Court

3 of 3 8.BA.3389.2024.doc regularly on every date unless exempted by the trial Court for any reason.

(ANIL S.KILOR, J.) MST