Cri. Appln. No. 3211/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3211 OF 2011 Lakhansing s/o. Mirsing Bavri, R/o. Varud, Tq. Varud, Dist. Amravati, Initial address given near Saibaba Mandir, Partur, Tq. Partur, Dist. Jalna. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. A.B. Gaikwad, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 11th August, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 113/10 registered in Partur Police Station, District Jalna for offences punishable under sections 394, 302, 34 etc. of IPC. The papers of investigation were made available. Both the sides are heard. 2. The advocate for the applicant submitted that to two other accused from the same crime, this Court has granted bail and the case of the present applicant is not different from the case against the two accused, to whom the bail is granted. Cri. Appln. No. 3211/11 2 3. The crime is registered on the basis of report given by Gangaram Todke. The incident took place on 14.9.2010 when Chagan and his friends were proceedings on two motorcycles. Complainant and Chagan were present on one motorcycle and other friends were present on other motorcycle. These motorcycles were intercepted near Raniwahegaon Tea Point by four accused persons. They demanded cash, mobile handset from the complainant and Chagan and when Chagan offered resistance one of the person gave blow of knife on the abdomen of Chagan. The complainant somehow could run away and he escaped. Motorcycle was also taken away. But, it was found in the vicinity of the spot. Chagan succumbed to the injuries. 4. The four accused persons came to be arrested during investigation. It is contended that the main accused is Satwantsing alias Dharasing Bawari and On the basis of his statement given under section 27 of the Evidence Act, weapon Jambiya is recovered by police. There are allegations that one of those persons gave the blows to Chagan. It appears that the witnesses were brought to the police station and there present applicant was shown to the witnesses and then the witnesses allegedly identified present applicant as one of the four assailants. Nothing is said to be recovered at the instance of present applicant. When there was similar case against two other accused, this Court has Cri. Appln. No. 3211/11 3 granted bail. It is contended that the present applicant is permanent resident of Amrawati and he is relative of accused No. 3 Jaswantsing, who is granted bail by this Court. In view of these circumstances, this Court holds that bail can be granted to the present applicant. 5. So the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) in Cr. No. 113/10 registered in Partur Police Station, District Jalna for offences punishable under sections 394, 302, 34 etc. of IPC. The applicant is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/ca3211.11