IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2464/2009 ( Dilip Laxman Bhoyar vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 18 th JULY, 2009 CRIMINAL APPLICATION NO. 2465/2009 Heard Shri Masurke, Advocate, for the applicant. Filing of affidavit is presently dispensed with. Application disposed of. CRIMININAL APPLICATION NO. 2464/2009 Heard Shri Masurke, Advocate, for the applicant and Shri Sonare, APP, for respondent. This is an application under Section 439 of Cr.P.C for grant of bail. It is the submission of the learned counsel for the applicant that the accused who had played similar role in the alleged incident, as alleged to be by the applicant, have been released on bail by the Sessions Court. According to him, the applicant has not taken any part in the assault and in fact, it was Amar Gajbhiya who has taken part in the assault and assaulted the deceased. Learned APP has opposed this application saying that there are statements of eye-witnesses who have implicated the applicant. With the help of the learned APP, I have gone through the statements of those eye-witnesses. Their statements do not show that the present applicant was involved in the actual assault. No doubt, the allegations against the applicant and other accused who are released on bail are similar and in fact they had allegedly given fist blows to the deceased. However, as the other accused are released on bail by the trial Court and no application for cancellation of their bail has been preferred by the respondent State, the case of the present applicant has to be treated with parity. As regards the main assailant i.e. accused Amar Gajbhiye, who is alleged to have assaulted the deceased, it is informed that he has not applied for bail. His case appears to be clearly different from the case of this applicant. In these circumstances, applicant would be entitled for bail. However,subject to conditions. The applicant be released on bail on furnishing surety and P.R.Bond of Rs. 20,000/- subject to condition that he shall not commit any offence while on bail and shall attend the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial Court. Hamdast granted. JUDGE Rvjalit.