1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.15/2011 (Aakash Surendra Wahane .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Daga, Advocate for applicant, Mr. D.P. Thakre, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 24, 2011 Heard. Learned counsel for the applicant while pressing the prayer for bail for one of the accused charge-sheeted by Police Station, Gondia (City) in connection with Crime No.59/2010 for offence under Sections 143, 147, 148, 302 r/w Section 149 of IPC, r/w Section 3/25 of the Arms Act and r/w Section 135 of the Bombay Police Act, has urged that out of the five accused charge-sheeted, except the applicant, all other accused are released on bail. It is urged that accused Bandu and accused Sanjay were released on bail by this court for the reasons recorded in order dated 13th September, 2010. It is submitted that after release of the said two accused, Manoj and Gopal were also 2 released on bail by the trial Court vide order 21.10.2010. He further urged that case of the present applicant is also on par with the two accused released on bail by this Court on 13th September, 2010. He further submits that the claim of the first informant that after receipt of information from his friend Monu Meshram about having seen his father quarreling with some person in the locality, he had been to the said place and found that his father was lying in injured condition and also having seen on said road the applicant and other charge- sheeted co-accused carrying swords; is contrary to the matters stated in the statement of his said friend about particulars of incident. He thus claimed that there is no other material in the chargesheet linking the nexus of the applicant with the offence committed alike other co-accused he also deserves to be released on bail. Learned APP having fairly submitted that the position of the material against the applicant and the co- accused who were released on bail is similar. Having regard to the same and no other circumstance being pointed for otherwise denying the bail of the applicant, he deserves for grant of bail on the principle of parity. The applicant is hereby directed to be released on bail in connection with Crime No.59/2010 upon executing P.R. Bond in the sum of Rs.30,000/- with one or more surety in the like amount subject to the conditions that the applicant : (i) shall attend the trial Court on each date of hearing, 3 (ii) shall inform his fixed address with telephone/mobile number, if any, to the Investigating Officer as well as the trial Court; (iii) shall not misuse the liberty in any manner; (iv) shall stay upon the address mentioned in the application and shall not leave the same without the permission of the trial court; (v) shall not indulge in any activity of tampering prosecution evidence and shall not commit any offence while on bail. The application stands disposed of. In view of disposal of main application, Criminal Application (APPP) No.12/2011 also stands disposed of. JUDGE Gulande