1 Cri.Appln.No.1238/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1238/2011 Jahir Janmohammad Qureshi - APPLICANT VERSUS The State of Maharashtra - RESPONDENT ***** Mr.Joydeep Chatterji, Advocate for Applicant; Mr.NB Patil APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 31st March, 2011. PER COURT : . Heard. The accused/applicant – Jahir, in custody from 27th August, 2010 in Crime No.I-283/2010 registered at Kotwali police station, Ahmednagar for an offence under Sections 302, 143, 147, 364, 365 r/w 34 IPC and Section 37(1)/135, of the Bombay Police Act, seeks bail. 2) The deceased -Babu was abducted from the house on 25.8.2010 at around 1.00 p.m. in an auto rickshaw. Mother of deceased saw 5-6 persons pushing away the deceased Babu and he was forcibly boarded in auto rickshaw, three persons were named by the complainant from the group of 2 Cri.Appln.No.1238/2011 5-6 persons, who abducted Babu. Babu was carried behind ST stand and thereafter he was taken to another locality in a van, viz. Burhannagar, where he was brutally assaulted and done to death. In his oral dying declaration to Amit, Harish, Babu did not implicate the present applicant – Jahir. In the statement of Vishal Patole, reference of Jahir, Irshad and others was given, as was referred by Babu to him. One of the eye-witness Kailas has also named Irshad and present applicant. 3) Bail application of principal accused Matin has been rejected. 4) This Court in Criminal Application No. 5154/2010 by order dated 16th December, 2010 directed release of Irshad on bail of Rs. 20,000/-. 5) Learned APP placed before me copies of investigation papers/final report, however, he could not add anything additionally played by the applicant than with said Irshad referred above. Learned APP also informs that this applicant owns the auto rickshaw in which Babu was abducted. 6) Applying scale of parity, as no overt 3 Cri.Appln.No.1238/2011 act is pointed, against the accused/applicant, he deserves the same treatment. 7) The applicant/accused – Jahir Janmohammad Qureshi be released on his furnishing a PR bond and solvent surety in the sum of Rs. 20,000/- (Rupees twenty thousand). After his release, the accused/applicant shall not enter the limits of Ahmednagar city during pendency of the Sessions Case, except for attending the Sessions Case whenever so commanded. The accused/applicant to furnish his changed address within a week of his release to the Investigator with contact number. The accused/applicant to also attend the nearest police station on every last Sunday between 6.00 to 8.00 p.m. till conclusion of trial. Breach of any of the terms/conditions shall entail in termination of the bail. 8) Criminal Application allowed as above. ( K.U.CHANDIWAL ) JUDGE bdv/