: 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.467 OF 2008 CRIMINAL APPLICATION NO.467 OF 2008 CRIMINAL APPLICATION NO.467 OF 2008 Sanjay @ Charshi Vasant Doshi .. Applicant. V/s. The State of Maharashtra. Respondent. Mr.Rishi Bhuta for applicant. Mr.Y.P.Yagnik, A.P.P. for State. CORAM : V.C.DAGA, J. CORAM : V.C.DAGA, J. CORAM : V.C.DAGA, J. DATE : 7th April, 2008. DATE : 7th April, 2008. DATE : 7th April, 2008. P.C.: P.C.: P.C.: 1. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. Learned Counsel appearing for the applicant submits that the other accused are released on bail in the similar circumstance in the very same C.R.No.205 of 2007 registered with Daund Police Station under Section 396, 328, 341 of the I.P.C. with added offences under Sections 411 and 412. The accused were granted bail by the learned Single Judge (D.G.Karnik, J.) by an order dated 26th February, 2008 in the case of Amit Shripad Deshpande & Anr. v/s. State of Maharashtra in Cri.Appln. No.168 of 2008 and in Cri.Appln.No.175 of 2008 in the case of Hardev Singh Ratipal Singh v/s. State of Maharashtra. : 2 : 3. I was taken through the order dated 26th February, 2008. The paragraph No.4 of the said order reads thus :- "4. The applicants are in custody since 24th December, 2007 i.e. for a period of more than two months, out of which they were in police custody for nearly 10 days. Learned APP was however unable to point out any material to show that the applicants had purchased the chemicals with the knowledge that it was obtained by committing a dacoity. In the absence of knowledge, prima facie, offence u/s.412 is not made out. At the most, applicants can be charged with offence u/s.411 which is punishable with three years". 4. The learned Counsel appearing for the applicant vehemently argued that on the ground of parity, the present applicant would be entitled for grant of bail. The learned A.P.P. though opposed the application of the applicant but could not take his submissions to the logical end. 5. In that view of the matter, I am inclined to grant : 3 : bail to the applicant on the ground of parity, subject to the following terms and conditions :- (a) The applicant, arrested in connection with C.R.No.205 of 2007 registered with Daund Police Station, shall be enlarged on bail in the sum of Rs.25,000/- with one or two local sureties in the like amount. (b) The applicant shall report to the concerned Police Station once in a week on every Monday between 5.00 and 7.00 p.m. for a period of eight weeks and thereafter once a month between 1st and 5th day of British calendar month till conclusion of the trial. He shall co-operate with the investigating agency for disposal of the case. (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 : 4 : 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. 6. Application stands disposed of accordingly. (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.)