Kuldeep Umeshchandra Tiwari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2828 OF 2017 Kuldeep Umeshchandra Tiwari ... Applicant V/s.

The State of Maharashtra ... Respondent WITH BAIL APPLICATION NO. 2829 OF 2017 Radhesh Umapati Pande ... Applicant V/s.

The State of Maharashtra ... Respondent WITH BAIL APPLICATION NO. 2840 OF 2017 Santprasad Jagatprasad Yadav & Anr.

... Applicants V/s.

The State of Maharashtra ... Respondent ----- Mr. P. A. Pol a/w Mr. S.S. Suryavasnshi a/w Mr. R.M. Darvesh, Mr. R.S. Hatkar, i/b Pol Legal Juris for the Applicant.

Mr. R. M. Pethe, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 21st DECEMBER, 2017 P.C.:

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These are applications under Section 439 of Cr.P.C. for bail in Crime No. I353-17 registered with Manpada Police Station under Sections 265, 267, 420, 1/3

465, 468, 471, 473 read with 34 of the Indian Penal Code, Section 3(6) of the Motor Spirit and High Speed Diesel (Regulation and Supply Distribution and Prevention of Malpractices), 2005 and under Sections 3, 7, 8 and 9 of the Essential Commodities Act, 1955.

The Applicants are managers and/or owners of fuel refiling centers (petrol pump). By a reasoned order dated 08.12.2017, the co-ordinate Bench of this Court was pleased to release the co-accused on bail. The role attributed to the present applicants is same and/or similar to that of accused persons who have been released on bail by order dated 08.12.2017. In view thereof, the Applicants are entitled to be released on bail on the ground of parity.

Hence, the following order:

i) The applicants/accused in Crime No. I35317 registered with police Station Manpada for the offences punishable under Sections 265, 267, 420, 465, 468, 471, 473 r/w 34 of the Indian Penal Code, Section 3(6) of the Motor Spirit And High Speed Diesel (Regulation And Supply Distribution and Prevention Of Malpractices,) 2005 and under Section 3, 7, 8, 9 of the Essential Commodities Act, 1955 be released on bail on executing P.R Bond of Rs. 30,000/- and on furnishing one or two sureties in the like amount, by each of them. ii) The applicants/accused should not tamper with the prosecution evidence. iii) As a condition of this order, the applicants / accused shall not directly or 2/3

indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to the Police Officer.

iv) The applicants to attend each and every date fixed for hearing before the concerned Court and they should not protract the trial at their instances. v) Moreover, as the investigation of the crime in question is going on, the applicants/accused to attend the concerned police station once in a week i.e. on every Sunday in between 11.00 a.m. to 1.00 p.m. until further orders. vi) The applications are allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3