1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1218 OF 2009 Adesh Prameshwar Timbole .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Milind Deshmukh for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 4TH MAY, 2009. DATED : 4TH MAY, 2009. DATED : 4TH MAY, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.152 of 2008 of Umbraj police station, Dist.Satara. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 379 r/w 34 of IPC. 3. Mr.Deshmukh, learned counsel for the applicant at the outset, submits that the present applicant is entitled for bail on parity with Shyam Chhagan Mandlik, who has been granted bail by this court vide 2 2 2 orders dated 20.3.2009 in criminal application No.1147 of 2009. The relevant portion of the order dated 20.3.2009 read thus: ".... .... .... 2. Applicant has been arrested in connection with the offence punishable under section 395 of the Indian Penal Code. Initially, the offence was registered under section 379 read with section 34 of the Indian Penal Code and, subsequently, it was converted into section 395. Charge-sheet has already been filed. 3. It is alleged that the applicant was a driver of truck which had intercepted one vehicle which was carrying 40 iron plates and, thereafter, these plates were stolen by the applicant and others. 4. Since charge-sheet has been filed and the offence is not punishable with death or imprisonment for life, continued detention of the applicant, in my view, is not necessary particularly because trial may not begin for quite sometime. Applicant is a permanent resident of Satara and he is not likely to abscond. 5. Applicant, therefore, be released on bail in C.R.No.152 of 2008 in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month." 4. Mr.Deshmukh further submits that one another accused - Avinash Sambhaji Kude in the same C.R. has also been granted bail on parity by this court vide order dated 13th April, 2009 in criminal application 3 3 3 No.1474 of 2009. 5. Mr.Yagnik, learned A.P.P. fairly submits that there is no difference between the role of present applicant and Avinash Kude. In the circumstances the present applicant is also entitled for bail on parity, hence the following order: . The applicant be released on bail in the sum of Rs.5,000/- with one or two sureties of the like amount subject to condition that he shall report the concerned police station on the first Saturday of every month between 10 am and 11 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)