LAWS(BOM)-2018-10-337

KAMAR @ AKKYA MOINUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

Decided On October 30, 2018
Kamar @ Akkya Moinuddin Shaikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is the second bail application filed by the aforesaid applicant who is facing trial in Sessions Case No.610/2015 pending on the file of learned Additional Sessions Judge, Pune. The said case arises from C.R.No.110/2015 registered at Wanwadi Police Station, Pune for offences punishable under sections 143, 147, 302 r/w. 149 of the Indian Penal Code.

(2.) Heard Mr. V.B. Shivarkar, learned counsel for the applicant and Mrs. J.S. Lohokare, learned APP for the State.

(3.) The previous bail application filed by the aforesaid applicant was rejected by this Court by order dated 10/08/2017 in Criminal Bail Application No.911/2017. Mr. V.B. Shivarkar, learned counsel for the P.H. Jayani 903 BA2486.18.doc applicant submits that subsequent to the said order, some of the co- accused having similar role have been granted bail. He submits that the applicant is, therefore, entitled for bail on the ground of parity. He further submits that the statement of the wife of the deceased indicates that she had not identified the applicant. He, therefore, claims that the applicant has been wrongly arrayed as an accused.