- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 408 OF 2008 Satwel Chinna Swami Applicant vs. State of Maharashtra Respondent Mr. P.D.Purway, Advocate for the applicant. Mr.Rajesh More , APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 18, 2008. PC 1. Heard. 2. Applicant has been arrested on 13th August 2007 in connection with offence registered under C.R. No. 365 of 2007 with Hadapsar police station for the alleged offence of murder of Sanjay Kisan punishable under section 302 read with 34 of Indian Penal Code. 3. Prosecution case is that on 6-8-2007 son of complainant left the house in the evening with his friends- Kana Pillay and Deepak. But Sanjay did not - 2 - return home, but his dead body was found on 11th August 2007. Nobody saw when Sanjay was killed. There is no eye witness. There is no direct evidence connecting applicant to the crime. 4. According to the FIR dated 11th August 2007, lodged by the father of deceased, his son Sanjay left home along with his two friends Kana Pillay and Deepak. Statement of Prashant @ Pappu More mentions that Sanjay was last seen with Balu, Shankar and Sanjay Dholkia and not with the applicant. 5. Co-accused Ravi Chandar Piwal at whose instance there is a discovery of iron rod allegedly used for the offence has already been granted by this Court by order dated 21st February 2008 passed in Criminal Application No. 153 of 2008. Case of the applicant is not worse than co-accused Ravi Piwal, who has been granted bail. Applicant is therefore, entitled to bail on the ground of parity. Hence, I pass following order. _O_R_D_E_R_ . Applicant be released on bail in connection with the offence mentioned above, on furnishing personal bond of Rs.20,000/- with two sureties in the like amunt, - 3 - subject to following conditions- (a) The applicant shall report to the concerned police station once in a month between 1st and 5th day of every British calender month. (b) The applicant shall attend every date to which case may be adjourned. (c) The applicant shall not change his present residence without prior intimation to the concerned police station. (d) The applicant shall not make any inducement or give any threats to any of the prosecution witnesses nor he shall tamper with the prosecution evidence. (e) Any breach of the aforesaid conditions would result in cancellation of bail. Sd/- [ D. G. KARNIK, J.]