KAMRANBAIG HUSENBAIG MIRZA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a second Bail Application before this Court in connection Crime No.65 of 2017 registered with Chalisgaon City Police Station, District Jalgaon for the offences punishable under Sections 302,307, 326, 143, 147, 148, 324, 323, 504, 506 of the Indian Penal Code as also for the offence punishable under Section 135 read with 37 of the Maharashtra Police Act.

(2.) I have heard the learned advocate for the applicant as also the learned APP. The earlier Bail Application of the applicant bearing Criminal Application No.7285 of 2017 was decided on merits and it was rejected by the order dated 25.01.2018.

(3.) According to the learned advocate for the applicant, after the earlier application was rejected, one of the co-accused by name Sayyad Mosim Sayyad Yakub has been granted bail by this Court by the order dated 18.06.2018 in Bail Application No.426 of 2018. The role attributable to that accused and the one attributable to the present applicant is similar. Therefore for this reason alone, on the ground of parity the applicant deserves to be granted bail. The learned advocate would further point out the decision of the Division Bench of the Allahabad High Court in the case of Nanha Nabhan Kha Vs. State Of U.P. ; 1993 Cr.L.J. 938 to point that even though an earlier application for bail is rejected, the request of the self same accused can be re- considered if a co-accused is subsequently granted bail who stands on the same footing.