VINOD PANDIT CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail by applicant, who has been arrested in Crime No.59 of 2009, registered by Talegaon Dabhade Police Station, Pune for the offences punishable u/s 364, 397, 395 of the Indian Penal Code. The allegations against the applicant are that the applicant was among the persons who kidnapped Om Anand Rawal aged about 8 years. A police party was chasing Sumo vehicle in which kidnappers had carried the boy. When the police party stopped the vehicle, five persons in the vehicle started running away. One of them Kailash Kavathwkar was caught first, applicant Vinod Chavan was caught next and other persons were also caught after some time. Kailas Kavathkar has been admitted to bail by the learned Additional Sessions Judge by order dated 25th February, 2010. The bail application of the present applicant was rejected by this Court by order dated 3.2.2010 holding that at the identification parade, applicant has been identified as one of the kidnapper. As rightly pointed out by the learned counsel for the applicant that even Kavathkar had been identified as one of the kidnapper. The subsequent application of the present applicant was rejected by the learned trial Judge by the order dated 28.4.2010, holding that the applicant was not entitled to bail on the ground of parity. It is not clear as to why the applicant could not be admitted to bail, if the co accused similarly placed has been released on bail. The learned Additional Public Prosecutor has not been able to point out anything which would warrant for denial of bail to the applicant when the co accused has been bailed out. She also states that the prosecution has not filed any application for cancellation of bail granted to Kailas Kavathkar. Investigation is complete and the chargesheet has been filed. In view of this applicant be released on bail on his furnishing PR Bond in the sum of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the following conditions