Kedar Dilip Hagawane v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2901 OF 2024 Kedar Dilip Hagawane ...
Applicant vs.
The State of Maharashtra ...
Respondent Mr. Kishan Chaudhari for applicant.
Mr. Sagar R. Agarkar, APP for respondent-State. Mr. Sagar Pawar, API, Haveli Police Station, District Pune Rural. CORAM : MANISH PITALE, J.
DATE :
25th OCTOBER, 2024 P.C. :
.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant is apprehending arrest in connection with FIR No.0569 of 2023 dated 24.12.2023, registered at Haveli Police Station, District Pune Rural, for offences under Sections 326, 143, 147, 148, 504, 506 and 509 of the Indian Penal Code, 1860.
3.
At the outset, the learned counsel for the applicant submitted that the present application deserves to be allowed on the ground of parity, as similarly situated accused persons have been granted bail by this Court. In that context, attention of this Court is invited to the order dated 14.10.2024 passed in Anticipatory Bail Application No.2370 of 2024 (Tanmay Avinash by PRIYA KAMBLI Date:
2024.10.25 17:44:18 +0530 Hagawane vs. The State of Maharashtra). In the said order, it is also recorded PRIYA KAMBLI that by an earlier order dated 10.04.2024, other similarly situated accused 1/3
person were also granted bail in Anticipatory Bail Application No.945 of 2024.
4.
It is to be noted that the nature of allegations levelled against the applicant are similar to those levelled against Tanmay Avinash Hagawane and other accused persons, except Ganesh Dilip Hagawane. It is only against the said accused Ganesh Dilip Hagawane that a specific allegation has been made with regard to the assault that caused head injury. 5.
There is substance in the contention raised on behalf of applicant regarding entitlement to relief on the principle of parity. As general and omnibus allegations have been made against the applicant, similar to those made against Tanmay Avinash Hagawane, the present application deserves to be allowed.
6.
In view of the above, the application is allowed in the following terms: (i) In the event the applicant is arrested in connection with FIR No.0569 of 2023 dated 24.12.2023, registered at Haveli Police Station, District Pune Rural, he shall be released on bail on furnishing PR Bond of 30,000/- with one or two sureties in the like amount to the ₹ satisfaction of the trial Court.
(ii) The applicant shall attend the police station once a fortnight for a period for four months from today.
(iii) The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.
(iv) The applicant shall co-operate with the investigation and also in the proceedings before the trial court.
2/3
7.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial court shall proceed further in the matter without being influenced by the observations made hereinabove.
9.
The application stands disposed of.
(MANISH PITALE, J) Priya Kambli 3/3