ITEM NO.7 COURT NO.13 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.11704/2023
(Arising out of impugned final judgment and order dated 06-09-2023 in ABA No. 2434/2023 passed by the High Court of Judicature at Bombay)
GANPAT KANHO SHINGE Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ANR. Respondent(s)
(IA No. 197274/2023 – DELETING THE NAME OF PETITIONER/RESPONDENT)

WITH SLP(Crl) No. 13366/2023 (II-A) (IA No.213775/2023-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)

Date : 04-01-2024 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Sachin Patil, AOR
Mr. Geo Joseph, Adv.
Mr. Risvi Muhammed, Adv.
Mr. Durgesh Gupta, Adv.

For Respondent(s) Mr. Abhikalp Pratap Singh, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Yamini Singh, Adv.
Ms. Raavi Sharma, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
Special Leave Petition (Crl.) No.11704 of 2023
1. The petitioner seeks to assail the impugned order dated 06.09.2023 passed by the High Court of Judicature at Bombay in Anticipatory Bail Application No.2434 of 2023. As per the order sought to be impugned, the application of the petitioner for pre- arrest was rejected.

2. Heard learned counsel appearing for the petitioner, learned counsel appearing for the respondent- State of Maharashtra and the learned counsel appearing for the defecto complainant. The learned counsel for the petitioner submits that in the case of co-accused, who were also assigned the same role as that of the petitioner, they were already been granted bail. This fact is undisputed. In the said circumstances, we are of the considered view that the petitioner is also entitled to parity. In that view of the matter, we are inclined to order that in case of arrest of the petitioner, he shall be released on bail, subject to the following terms and conditions:

(i) In case of arrest in connection with C.R. No.443 of 2022 of Shahpur Police Station, the Applicants be released on furnishing Personal Bond and Surety Bond of Rs.25,000/-.

(ii) They are directed to give attendance to Shahapur Police Station on Friday from 3.00 to 6.00 p.m., till filing of charge- sheet.

(iii) They are directed not to threaten the Prosecution witnesses or to allure them in any manner.

(iv) The Applicants are directed to co-operate the Police as and when required.

3. The Special Leave Petition is disposed of, as above.
4. Pending application(s), if any, shall stand disposed of. Special Leave Petition (Crl.) No.13366 of 2023

1. Heard learned counsel appearing for the parties. Despite persuasive arguments made by the learned counsel for the petitioner, we are inclined to think that the petitioner is not entitled to pre-arrest bail. The materials on record would reveal that the petitioner-herein is not entitled to claim parity with the co-accused at this stage. Consequently, the captioned Special Leave Petition stands dismissed.
2. Pending application(s), if any, shall stand disposed of.
(VIJAY KUMAR) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)
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