1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1243 OF 2009 Amjad Aslam Bakra .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.M.B.Zanwar for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 13.04.2009. DATED : 13.04.2009. DATED : 13.04.2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.182 of 2008 of Bhosari police station, Pune. The said crime has been registered against the applicant and four others for having allegedly committed an offence punishable under sections 302, 143, 147, 148, 149, 307, 504 of IPC. 3. It is the prosecution case that on 7.5.2008 almost all the accused, including Datta Lonkar and Sanjay Jadhav, were armed with sharp cutting weapons and they assaulted the deceased ruthlessly and committed his murder. Insofar as the applicant is concerned, he allegedly assaulted the deceased with stones. The applicant has, however, been not named either by the complainant or by any other witnesses. There is no recovery of any weapon at the instance of 2 2 2 the applicant, nor there is an attachment of his blood stained clothes. 4. Mr Zanwar, learned counsel for the applicant, submits that the applicant is entitled for bail on parity with Yogesh Rama Jadhav and Laxmikant Baburao Galphade. He submits that the role attributed and allegedly played by the present applicant and Yogesh Jadhav and Laxmikant Galphade is identical. In fact, there is an attachment of blood stained clothes at the instance of other two accused. Yogesh Jadhav and Laxmikant Galphade have been granted bail by this court vide order dated 19.11.2008 and 3.12.2008 in Criminal Application Nos 3585 of 2008 and 3864 of 2008. Learned APP fairly accepted that there is no difference between the role attributed and allegedly played by the present applicant and the other two accused, who have already been granted bail by this court. In the circumstances, I am inclined to enlarge the applicant on bail on parity. Hence, the following order. . The applicant be released on bail in the sum of Rs.35,000/- with one or two sureties of the like amount subject to condition that the applicant shall not enter the jurisdiction of the Bhosari police station till conclusion of the trial, except as and when called by the said police station. The applicant shall inform his address to the concerned police 3 3 3 station and shall report to the nearest police station from the place of his residence, where he proposes to stay during this period, on every Wednesday and Saturday between 7 and 8 pm for a period of six months and thereafter on every Saturday between 7 and 8 pm till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)