1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1430 OF 2010 Jeevan Rangrao Suryawanshi and another. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.Amit Mukhedkar, Advocate for applicants. Mr.S.G. Nandedkar, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 27th April, 2010. PER COURT : 1. Heard Mr.Amit Mukhedkar, learned counsel for applicants and Mr.S.G. Nandedkar, learned A.P.P. for respondent. 2. This is an application preferred by applicant nos.1 and 2 seeking bail in connection with C.R. No. 184/2009 registered at Omerga police station, Dist.Osmanabad for the offences punishable under Sections 409, 420, 467, 468, 471 r/w 34 of Indian Penal Code and 3 and 7 of the Essential Commodities 2 Act, since applicant nos.1 and 2 were arrested thereunder on 25th February, 2010 and they are under judicial custody presently. 3. It appears that offence has been registered on the complaint lodged by Dr.Mohan Ramakant Naladkar, Tahsildar, Omerga on 21st November, 2009 in respect of alleged racket of black marketing of wheat stored in Government godowns and supply thereof to the fair price shop owners through the concerned Vividh Karyakari Seva Sahakari Society. Admittedly, names of applicant nos.1 and 2 have not been reflected in the said complaint. However, applicant no.1 appears to be fair price shop owner whereas, applicant no.2 is neither fair price shop owner nor the government servant, but he is member of Agriculture Produce Market Committee. During course of investigation, it was transpired that applicants are purchasers of wheat allegedly sold in black market. 4. On the face of aforestated background, learned counsel for applicants invited my attention to the fact that other co-accused namely Shobha Balaji 3 Potdar had preferred criminal application no.1410/2010 and Sadhu @ Sahadeo Pandurang Gaikwad had preferred criminal application no.1442/2010 and both the said applications were allowed by this Court on 21st April, 2010 and the applicants therein were enlarged on bail by the said order. Hence, learned counsel for applicants urged that present applicant nos.1 and 2 also be released on bail on the ground of parity stating that infact the case of present applicants is on better footing as compared to other co-accused, who have been released on bail. 5. Having comprehensive view of the matter, since names of applicants have not been reflected in the complaint and since the role of present applicants is that they are purchasers of wheat, which is allegedly sold in black market and not beyond that and since the investigation has been completed and charge sheet has been filed and since other co-accused persons have been released on bail as aforestated, there is no propriety in keeping applicants in custody furthermore and therefore, they are entitled to be enlarged on bail but, on stringent conditions. 4 6. In the result, present application is allowed and it is directed that applicant nos.1 and 2 be released on bail under C.R. No.184/2009 registered with Omerga Police Station, Dist.Osmanabad for the offences punishable under Sections 409, 420, 467, 468, 471 r/w 34 of Indian Penal Code and under Sections 3 and 7 of Essential Commodities Act, on furnishing surety in the sum of Rs.20,000/- each and on executing the P.R. bond in the like amount by each of them, on the following condition : (a) After release on bail, applicant nos.1 and 2 shall not leave the limits of Taluka Omerga without prior permission from Judicial Magistrate, First Class, Omerga. (b) Applicant nos.1 and 2 shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. 7. Present criminal application no.1430/2010 stands disposed of accordingly. (SHRIHARI P. DAVARE) JUDGE gas/cri1430.10