abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 567 OF 2008 Harishchandra M. Dinkar .. Applicant V/s The State of Maharashtra .. Respondent Mr.S.V. Kotwal i/b Mr.M.S. Mohite for the applicant. Mr.S.S. Pednekar, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 27TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with a crime registered with Kinhavli Police Station, Thane under C.R. No.I-58/2007 for the offence punishable under sections 307, 326, 353, 333, 332, 147, 148 read with 149 of the Indian Penal Code. - 2 - 3. The prosecution case in short is that on account of Gram Panchayat elections, there was enmity between the group of the complainant and the group of the applicant. On 25th December 2007 between 11.30 p.m. and 12.00 noon, a group of 18-20 persons surrounded the complainant and his friend Mahesh Pandharinath Dinkar and assaulted them. One of the assailants stated that they were sent by Hari Mangal Dinkar - the applicant herein, for beating as they were favouring Anna Dinkar in some election. One of the constables came to the rescue of the complainant but he was also assaulted by the applicant group. 4. Four of the persons, who were named as assaulters, have been granted bail by this Court by an order dated 6th February 2008 passed in Criminal Application No. 197 of 2008. The said four persons were allegedly present at the spot. The present applicant was not present at the assault but the assault is alleged to have been made at his instance. The role played by the applicant cannot be said to be greater than the role played by the alleged four assailants who have been granted bail. Besides, the applicant is sought to be implicated only on the basis of alleged statement of co-accused that they were carrying out the assault on instructions of the applicant. In the - 3 - circumstances, the applicant is entitled to bail on similar conditions on the ground of parity. Hence, I pass the following order:- ORDER ORDER ORDER In the event of the arrest of the applicant in connection with the offence mentioned above, he be released on bail on executing personal bond of Rs.30,000/- with one or two sureties to make up the aggregate amount of Rs.30,000/- subject to the following conditions:- (a) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (b) The applicant shall not change his place of residence without prior intimation to the concerned police station. (c) The applicant shall attend the concerned police station once a week on every Monday between 10.00 a.m. and 12.00 noon and offer himself for interrogation and - 4 - cooperate with the investigation till the filing of the charge sheet or for 3 months from today, whichever is earlier. (d) This order shall come to an end after the charge sheet is filed whereupon the applicant may apply for regular bail before the regular court. If such application is made, it shall be considered on its own merits without being influenced by any of the observations made in this order. (D.G. KARNIK, J.)