COMMON ORDER IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.948/2009[ Vijay Chavan ..vs.. State] CRIMINAL APPLICATION NO.933/2009[ Sanjay Pardesi ..vs.. State] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 15 th APRIL, 2009 Heard Shri Sirpurkar, Advocate & Shri Gandhi, Advocate for the applicants, in both applications and Shri Thakre, A.P.P. for state. By these applications under section 439 of Cr.P.C. the applicants are seeking bail. Applicants are being prosecuted for the offences under section 120-B, 386, 363, 365, 343, 307, 323, 506 of I.P.C. & Section 3,4,5 6 of the Immoral Traffic (Prevention) Act, 1956, & Section 67 of the I.T. Act., in crime no. 16/2008, registered by Police Station, Ramdaspeth, Akola. Bail is claimed on the ground of parity, as the other main and important accused have been released on bail by order of this court dated 10.2.2009 [in Criminal Application No.4331/08, 4390/08, 3909/08 and 175/09]. It appears that other accused have been released on bail, with the following order: “(i) Criminal applications are allowed. Applicants are ordered to be released on bail upon furnishing P.R.B. in the sum of Rs.50,000/- [Rs. Fifty thousand only] each with one solvent surety each in like amount (ii) The applicants shall not reside in Akola except on the date of evidence in the trial court and the concerned Police Station Officer shall keep surveillance on all the applicants till the trial is over (iii) Superintendent of Police, Akola is directed to make supervision over the protection and surveillance i.e. already provided to the prosecutrix till the trial is over (iv) The applicants shall attend the Police Station, Ramdaspeth, Akola on each and every date on which Sessions Trial is fixed before going to the Sessions Court. (v) The applicants shall also intimate in writing to the Police Station, Ramdaspeth, Akola about their addresses where they would be residing outside Akola (vi) It is made clear that the observations made by me in the above order are purely prima facie in nature and the trial court shall not be influenced by these observations and decide the trial on its own merits. The trial court is directed to complete the trial within a period of six months. Rule is made absolute in the above terms.” The learned A.P.P. was directed to specifically point out as to what are the distinct factors in the case of the applicants with the case of the other accused who are released on bail. Accordingly, submissions have been filed. The distinct factor is that the present applicants had made telephone calls from their mobile to main accused – Nitu Takavat on her mobile on 109 occasions. So also their names are recorded in F.I.R. as well as in the statement recorded under section 164 of Cr.P.C. of the prosecutrix by the Executive Magistrate. Learned counsel for the applicants pointed out that similar is the case with the other accused and therefore, there is no distinct factors. Learned A.P.P. further submitted that the applicants are police constables and as such their case is distinguishable. Learned counsel for the applicant by producing order of this court in Criminal Application No.677/2009 has pointed out that the Police Officer involved in this crime has also been released on bail. It is not pointed out by the learned A.P.P. from the orders of this court releasing that accused on bail has been challenged in the Apex Court. In these circumstances, on the ground of parity, the applicants would be entitled for bail. Order shall be as in the case of earlier accused referred to above [dated 10.2.2009, in Criminal Applications No.4331/08, 4390/08, 3909/08 and 175/09] . Bail in trial court. Applications stand disposed of. Hamdast granted. JUDGE smp