IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1906 OF 2008 CRIMINAL APPLICATION NO. 1906 OF 2008 CRIMINAL APPLICATION NO. 1906 OF 2008 Ayub Miya Patel. ... Applicant. V/s. The State of Maharashtra. ... Respondent. S.V.Kotwal for the applicant. S.S.Pednekar, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 24th June 2008. DATED: 24th June 2008. DATED: 24th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.I-246/2007 registered with Taloja Police Station, Raigad for the offences punishable under sections 143,146, 147, 148, 307, 324, 326, 341 read with section 149 of Indian Penal Code and under sections 37(1) and 135 of the Bombay Police Act. 3. The learned counsel for the applicant submits that out of 45 accused, two are expired and remaining other 42 accused are on bail, whereas the present applicant was denied bail by the trial Court for the reasons recorded in the impugned order dated 6th June, 2008. He further submits that one co-accused Mohd. Noormiya Siddiquemiya Patel was also granted bail and if the investigation papers are seen, the role played by the applicant is identical with that of Mohd. Noormiya Siddiqmiya Patel who is already enlarged on bail. He, therefore, submits that the present applicant is entitled to bail on parity. 4. Having seen the impugned order rejecting bail to the present applicant and order granting bail to the other accused, in my considered view, the applicant is entitled to bail on the same terms and conditions together with the following conditions: (a) The applicant, arrested in connection with C.R.No.I-246/2007 registered with Taloja Police Station, Raigad shall be enlarged on bail in the sum of Rs.25,000/- with one or two local sureties to make up the said amount. (b) The applicant is directed to remain out of village Ove till conclusion of the trial. He is also directed to report to the concerned Police Station once in a week, i.e. on every Monday between 3.00 to 6.00 p.m. till conclusion of the trial. He shall co-operate with the investigating agency for disposal of the case. - 3 - (c) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. (d) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (e) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 5. Application stands disposed of accordingly. - 4 - JUDGE JUDGE JUDGE