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.3497 OF 2008 Paramjeet Nagraj Kumatsingh .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.A.P.Mundargi with Mr.P.P.Runwal 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 : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. 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.281 of 2006 of Wagle police station, Thane. The said crime has been registered against the applicant and five others for having allegedly committed an offence punishable under sections 395, 397, 342 of IPC and section 3(1)(II), (2) and (4) of M.C.O.C. Act. At the outset Mr.Mundargi, learned senior counsel for the applicant invited my attentinon to the judgment of the learned Single Judge (D.G.Karnik, J.) in Rajesh @ Raju Narayan Amin Poojari and Anr. Vs. State of Maharashtra 2008 All MR (Cri.) 1912 and submitted that the applicant is entitled for bail on parity with the accused in that case (i.e. Rajesh @ Raju Narayan Amin Poojari and Anr). He submitted that the application of the present applicant and of the applicant in the reported case were rejected by the common order passed by the Sessions Court and against that order Rajesh @ 2 2 2 Raju Narayan Poojari and Anr. had approached this court in criminal application No.3850 of 2007 which was decided by D.G.Karnik, J., on 27.6.2008. The applicants in that application sought bail on the ground that the charge-sheet was not filed before the Special Court within the stipulated period of 180 days from the date of the arrest and the first remand to custody of the applicants. That was the only ground pressed in that application and the learned Single Judge allowed the application holding that the applicants were entitled to bail as the charge-sheet was not filed before the Special Court within the statutory period of 180 days of the arrest or the first order of remand to police custody. It was further held that filing of the charge-sheet within 180 days before J.M.F.C. was of no avail, since the J.M.F.C. had no jurisdiction to try the applicants under M.C.O.C. Act. I have perused the jdugment of the learned Single Judge and I do not find any reason to take different view in the matter. In the circumstances for the reasons recorded in the said judgment the present applicant is also entitled for bail on the principle of parity. Hence the following order: . The applicant to be released on bail in the sum of Rs.50,000/- with two sureties of the like amount. Application is disposed of. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)