KIRAN KUMAR K KHANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On the basis of the statement recorded by Shri Pramod Shamrao Shirke, Police Constable No.030760, D.C.B., C.I.D., Mumbai, on 18th June, 2010 C.R. No.176 of 2010 came to be registered on the same day with the L.T. Marg Police Station, for the offences punishable under Section 489-A, 489-B and 489-C of I.P.C. against 3 accused namely Assabul Masakalin Shaikh, Kiran Kumar Kanhyalal Khadra and Mohammed Tonic Moh. Asidulla Shaikh.

(2.) The first accused i.e. Shri Assabul Masakalin Shaikh filed Criminal Appilcation No.4744 of 2010 for bail before this Court (Single Bench) and the same was allowed on 22nd October, 2010. Accused No.2 also approached this Court for bail in Criminal Application No.5343 of 2010 and relied upon the order passed in Criminal Appication No.4744 of 2010 on 22nd October, 2010 thereby releasing the accused No.1 on bail and it was prayed that by following the principle of parity the accused No.2 was also required to be granted bail. The Single Bench hearing the Criminal Application No.5343 of 2010 on 2nd December, 2010 did not agree with the view taken in the earlier order dated 22nd October, 2010 passed in Criminal Application No.4744 of 2010 and, therefore, this application was directed to be placed before the Division Bench. Subsequently pursuant to the order passed by the Hon'ble the Chief Justice this application has been assigned to us and we have heard the learned Counsel for the applicant as well as the learned A.P.P.

(3.) In the order dated 22nd October, 2010 passed in Criminal Application No.4744 of 2010 the reason given for releasing the accused No.1 on bail reads as under:-