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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Criminal Application (BA) No.794/2022

Nihal Sarsiya V State of Maharashtra thr PSO PS Digras, Yavatmal

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Office notes, Office Memoranda of

Coram, appearances, Court's orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

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Shri A.M. Jaltare, Advocate for applicant.

Mrs. Shamsi Haider, APP for State.

CORAM : ANIL S. KILOR, J.

DATE : 14-07-2022

The applicant has approached to this Court by filing

the present application under Section 439 of the Code of

Criminal Procedure for grant of bail in connection with Crime

No.1280/2021 dated 09-11-2021 registered with Police Station

Digras, District Yavatmal for the offences punishable under

Sections 143, 147, 148, 149, 323, 324, 326, 307, 302 and 395 of

the Indian Penal Code and Section 4, 25 of the Arms Act, 1959.

2.

The learned Counsel for the applicant submits that

after completion of the investigation, the chargesheet has been

filed and no further custody of the applicant is necessary.

3.

The learned Counsel for the applicant further submits

that there are counter FIRs and FIR lodged by the Ranjana Sohan

Sirsiya who is the wife of one of the co-accused in present FIR, the

offence was registered under Sections 143, 147, 148, 149, 323,

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324, 326, 307 and 395 of the Indian Penal Code and Section 4,

25 of the Arms Act. The said crime was registered against 53

accused persons.

4.

He further submits that, except the applicant all other

accused persons have been released on bail, even the main accused

no.1 is already released bail.

5.

Lastly, the learned Counsel for the applicant points

out from the statements of the witnesses that the only allegation

against the present applicant is that, he gave blow by iron rod on

the thigh of Mohd Abid Mohd Fazal. Accordingly, he prays for

grant of bail on parity.

6.

On the other hand, learned APP strongly opposes the

application and submits that sufficient material is collected by the

Investigating Agency to show the involvement of the applicant in

the alleged offence. She further submits that there is a recovery of

iron rod. She further points out that consequently Section 302 of

the Indian Penal Code was added. Accordingly, she prays for

rejection of the application.

7.

I have perused the chargesheet and also the contents of

the FIR.

8.

The Investigating Agency has filed chargesheet on

completion of investigation. There are counter FIRs making

similar allegations against each others. In view of the fact that, the

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chargesheet has already been filed, the custody of the applicant is

no more required.

9.

Furthermore, the applicant is entitled for grant of bail

on the ground of parity as the co-accused i.e Raj @ Dhanjay s/o

Dilip Sarsiya was granted bail vide order dated 14-06-2022, in the

same offence.

10.

Moreover, there is nothing to show that there is any

possibility that the applicant would pressurize the prosecution

witnesses or tamper with the prosecution evidence or he will not

be available for the trial, if he is granted bail. Accordingly, I pass

the following order:-

O R D E R

i)

Application is allowed.

ii)

The applicant in Crime No.1280/2021 dated

09-11-2021 registered with Police Station Digras, District

Yavatmal for the offences punishable under Sections 143,

147, 148, 149, 323, 324, 326, 307, 302 and 395 of the

Indian Penal Code and Section 4, 25 of the Arms Act, be

released on bail on furnishing P.R. Bond of Rs. 25,000/-

with one solvent surety in the like amount.

iii)

The applicant shall attend the concerned Police

Station as and when his presence is required.

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