1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5741 of 2009 Amit @ Pandu Subhash Kondhare ... Applicant versus The State of Maharashtra ... Respondent ... Mr. V.V. Purwant for the applicant. Mr. A.S.Gadkari APP for the State. CORAM : D.G. KARNIK, J. DATED : 19th January 2010 P.C. 1. Heard. 2. By this application, applicant seeks pre-arrest bail in connection with C.R. No.117 of 2009 registered with Pangari police station, Dist. Solapur. 3. The prosecution case in short is that on 21st October 2009 on account of political rivalry, applicant along with Samir Imam Shesh, Vijay Kondhare, Hanumant Apurne, Samadhar Tupere, and Imam Shaikh assaulted Prakash Fakir Kondhare (for short “the complainant”) by saying that the assault was made because he was a worker of Sopal 2 Group. Prakash Kondhare lodged an FIR in which he has alleged that the applicant assaulted him with a sword. The complainant tried to ward off the blow with his left hand and because of the blow, fingers of his left hand were broken. On the basis of the FIR, applicant is sought to be arrested. 3. By an order dated 4th December 2009, the co-accused Vijay Shankar Kondhare and Hanumant Apurne have been granted bail by the Sessions Court. Applicant claims bail inter alia on the ground of parity. Learned APP submits that the case of Vijay and Hanumant is different from the applicant. Though Vijay and Hanumant were named in the FIR, no specific role of assault was attributed to them. The applicant had assaulted the complainant with a sword resulting into fracture of fingers of his left hand fingers. Therefore, the applicant is not entitled to the bail. The fact of the assault as well as the fact of the alleged fracture to the fingers of the left hand is denied by the applicant. The prosecution was therefore directed to produce the victim before the Civil Hospital, Solapur and obtain a report. In his report No.MLA/99 dated 18th January 2010, the CMO has reported that there is no evidence of fracture of the left hand fingers of the complainant. Thus, the point of differentiation which was sought to be made by the prosecution does not survive. 4. Investigation is completed and charge-sheet has been filed. Presence of the applicant is not required for the purpose of custodial interrogation in view of the fact that charge-sheet has been filed. 3 5. In the circumstances, applicant can be granted pre-arrest bail of a limited duration. Hence, I pass the following order:- O R D E R In the event applicant is arrested within a period of 15 days hereof, he be released on bail on personal bond of Rs.15,000/- with two sureties of the like amount. Within this period, the applicant may appear before the Sessions Court and apply for regular bail. In the event such an application is filed, the Sessions Court shall consider the said application on its own merits. (D.G. KARNIK,J.)