Bhau Dhakal Sathe And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3633 OF 2024
1. Bhau Dhakal Sathe
2. Havasa Tulji Sathe ...Applicants
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL BAIL APPLICATION NO.3224 OF 2024 Sandesh Janya Gurud ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL BAIL APPLICATION NO.3636 OF 2024
1. Mahesh Janu Gurud
2. Rajal Mahadu Gurud
3. Lahanya Kakad Valakar ...Applicants
Versus
The State of Maharashtra
...Respondent
....
Ms. Saili N. Dhuru, Advocate for the Applicants in Bail Application Nos.3633 and 3636 of 2024.
Ms. Sandhya Mailagir h/f Mr. Anil D. Joshi, Advocate for the Applicant in Bail Application No.3224/2024.
Ms. Gauri Rao A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
07th JANUARY, 2025.
P.C.
:
1.
All these applications arising out of the same crime are filed for regular bail.
2.
The applicants came to be arrested in Crime No. I-76 of 2020 registered with Kasa Police Station, Dist. Palghar, for offences
punishable under Sections 302, 307, 120(B), 353, 332, 341, 342, 427, 109, 117, 143, 144, 145, 147, 148, 149, 152, 188, 201, 269, 270, 290, 505 (2) r/w Section 34 of the Indian Penal Code r/w Sections 51(b), 52, 54 of the Disaster Management Act, 2005 and Sections 2, 3, 4, 5 of the Epidemic Act, 1897 and Sections 135, 37(1)(3) of the Destruction of Public Property Act, 1984. 3.
The bail is sought on the ground of parity. In support of submission, the learned counsel for the applicants has placed on record the copy of order passed by this Court dated 2nd July 2024 in Criminal Bail Application No.1956 of 2023. By the said order, this Court has released the co-accused Mahesh Dhakal and other coaccused, on bail. 4.
I have perused the charge-sheet. The role attributed to the present applicants in the crime and the said co-accused is identical. In that view of the matter, I am inclined to release the applicants on bail.
ORDER
(i) All Criminal Bail Applications are allowed;
(ii) The applicants, in each application, are directed to be released on bail in connection with Crime No. I-76 of 2020 registered with Kasa Police Station, Dist. Palghar, for offences punishable under Sections 302, 307, 120(B), 353, 332, 341, 342, 427, 109, 117, 143, 144, 145, 147, 148, 149, 152, 188, 201, 269, 270, 290, 505 (2) r/w Section 34 of the Indian
Penal Code r/w Sections 51(b), 52, 54 of the Disaster Management Act, 2005 and Sections 2, 3, 4, 5 of the Epidemic Act, 1897 and Sections 135, 37(1)(3) of the Destruction of Public Property Act, 1984 on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount;
(iii) The applicants 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; (iv) The Applications are disposed of in the aforesaid terms.
(N. R. BORKAR, J.)