25crn1122-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1122 OF 2010 Jayprakash Lalbahadur Tiwari. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Aabad H.H. Ponda, Advocate for the applicant. Mr.P.S. Hingorani, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 6TH JULY, 2010 P.C. 1. Heard rival submissions for sometime. Also, the arguments were heard on the earlier date. It is the application preferred by the applicant for release on bail in the matter of offence punishable under Section 396, 397, 201 read with Section 120-B of Indian Penal Code. 2. Admittedly the case against the applicant is based on circumstantial evidence that also prima facie, there is no circumstance so as to prompt this Court to consider the 25crn1122-10 2 present application against the applicant. Earlier vide order dated 1st July, 2010 this Court had granted bail to the co- accused. The co-accused was placed at par with the present accused and as such on parity it is prayed that the present applicant may also be granted bail. 3. During the arguments, it is submitted on behalf of the State that one mobile handset was found with the present applicant, however this in itself is not an incriminating circumstance as there is nothing found as to applicant having any conversation with the co-accused at the relevant time of the incident. Also, according to the prosecution, the place of the offence was revealed through the statement of the present applicant recorded under Section 27 of the Evidence Act. However, such place was earlier revealed to the police by the statement of the main co-accused and infact it was so again revealed through such alleged statement of still another co- accused in Criminal Bail Application No.2265 of 2010. Said co-accused was granted bail by this Court, as mentioned 25crn1122-10 3 above. 4. Considering the parity and considering the custody of the applicant for almost nine months and considering that the chargesheet is already filed against the arrested accused including the present applicant, present application can be allowed on certain conditions. Hence the order :- :: O R D E R :: [i] Criminal Application No.1122 of 2010 for regular bail is allowed. [ii] The applicant - Jayprakash Lalbahadur Tiwari arrested in C.R. No.493 of 2009 shall be released on bail on his executing a P.R. bond in the sum of Rs. 15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] On availing of bail, as above, the applicant shall attend the concerned police station twice a week on every Monday and Friday between 10:00 a.m. to 25crn1122-10 4 12:00 noon till conclusion of the trial. [iv] Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J.)