1 Cri.A.5251.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5251 OF 2011 Tushar alias Banti Raghunath Borse Age 24 Years,Occup.: Labourer, R/o Umrane, Tq. Deola, District Nashik. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.K.C.Sant, Advocate for Applicant. Shri.D.R.Kale, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 17.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant is arrested in connection with Crime No. 64 of 2011, registered with Mohadinagar Police Station, Dhule, District Dhule under sections 302, 201 120-B,and 404 read with section 34 of the Indian Penal Code. 2 Cri.A.5251.11 3. Learned Advocate appearing for the applicant took me through the entire charge-sheet. He pointed out that role alleged against present applicant is that this applicant along with co- accused Arun Jadhav were present at the Bus-Stand of Umrane, in the evening of 7th June, 2011 and he had seen off the deceased that is Dharmesh, and thereafter, said Dharmesh did not reach home and his dead body was found at Laling, near Dhule. He also pointed that co-accused Arun Sakharam Jadhav, released on bail by this Court in Criminal Application No. 4852 of 2011, in terms of order dated 15.12.2011. Learned Advocate Mr. Sant pointed out that if the role of Arun Jadhav is compared with present applicant, the Court will have to come to the conclusion that role alleged against Arun Jadhav and present applicant is just same. He submitted that on the principle of parity, the applicant is entitled for bail. 4. Learned APP opposed the submission of the learned counsel for the applicant and prayed for 3 Cri.A.5251.11 rejection of bail. 5. I have considered the charge-sheet, which is annexed to the bail application. I have considered the submissions made by Mr. Sant and on perusal of the charge-sheet. It is clear that role alleged against the present applicant is just the same, as alleged against co-accused Arun Jadhav. It is correct to say that by order dated 15.12.2011 Arun Jadhav has been released on bail. On principle of parity the applicant is entitled for bail. Hence, following order is passed. (i) The application is granted. (ii) It is hereby ordered that applicant be released on bail in connection with Crime No. 64 of 2011, registered with Mohadi nagar Police Station, Dhule, District Dhule in the sum of Rs.20,000/- (Rupees Twenty Thousand) with one surety in the like amount. The applicant shall execute P.R. bond 4 Cri.A.5251.11 of sum of Rs.20,000/-(Rupees Twenty Thousand) (ii) Upon release, the applicant shall report to the concerned Police Station on every Second Saturday between 11.00 a.m. to 4.00 p.m. till evidence of material witnesses on behalf of the prosecution is recorded. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 5 Cri.A.5251.11