1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3577 OF 2009 1. Ramnath Mangal Pavashe 2. Mangal Rama Pavashe 3. Janardhan Mahadu Gondhali 4. Nandu Savlaram Bhoir 5. Somnath Mangal Pavashe 6. Kailash Mangal Pavashe 7. Vikas Mangal Pavashe 8. Shankunath Dwarkanath Bhoir 9. Rupesh Janardhan Gondhali ........ Applicants versus The State of Maharashtra ........Respondent. Mr. Rahul S. Thakur adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. Mr. P. R. Tiwari i/b. A.M. Saroagi for ori. Complainant. CORAM: A. P DESHPANDE, J. DATED : 27th August, 2009. P. C.: 1. The present application is filed by as many as nine applicants, who are accused in Crime No. I-171/08 under sections 302, 307, 325, 324, 329, 504, 506, 143, 147, 148, 149 of IPC and sec. 4 and 27 of the Indian Arms Act 1959 and under sec. 37(1) and 135 of B. P. Act registered with Shil-Daighar police station, District Thane. 2 2. 31 accused are charged with the commission of the offence, out of which nine accused have moved the present application for bail. Perusal of the FIR reveals that some of the boys from the complainant’s family were playing cricket on the ground, at which point of time few boys from the accused side had gone to the said place and were insisting that they be permitted to play there and on the denial, they stated to have left the place and again returned within about 20 minutes in the company of the accused, who were armed with sharp edged weapons and sticks. In so far as the present applicants are concerned, the applicant nos. 1 to 4 were armed with sticks whereas, applicant no.5 is stated to be holding a sword, applicant nos. 6 and 7 were armed with axes. The applicant no.9 Rupesh was armed with sword. They assaulted one Gurunath Anand Gondhali and inflicted as many as 27 injuries, 17 of which are on the vital parts of the body and on account of the injuries of sharp weapons, Gurunath succumbed to the injuries. The other persons were also assaulted and having regard to the gravity of the injuries, the present applicants and other co-accused are being charged with offence under sections 302 and 307 of IPC besides other offences. 3. My attention is invited to an order dated 22-4-2009 passed in Criminal Application No.1212/09 along with Criminal Application No.196/09 wherein the learned Judge after considering the material on record has granted bail to one Dilip Pawse whereas rejected the application for bail filed by Prannath Eknath Pawse, who was carrying stick. The person who has been 3 granted bail by name Dilip is concerned, in the first place his name is not finding place in the FIR and no specific overt act is attributed to him. After perusing the statements of the witnesses and other material on record and in the light of the order dated 22-4-2009, I deem it appropriate not to release the applicant nos. 1 to 7 and applicant no. 9 on bail. However, the learned counsel for the applicants has claimed bail for applicant no.8 on parity with the other co-accused Dilip. The learned APP does not dispute that the present applicant no. 8 is similarly situate with Dilip and hence is entitled to parity. 4. In the result, the application for bail of applicant nos. 1 to 7 and 9 is rejected, whereas the application for bail of applicant no.8 is allowed. The applicant no. 8 Shankunath Dwarkanath Bhoi, is directed to be enlarged on bail on executing personal bond in the sum of Rs. 10,000/- with one or two sureties in the like amount subject to the condition that the applicant no.8 Shankunath Dwarkanath Bhoir shall not enter village Babharli within the jurisdiction of police station Shil-Dighar for a period of three months from today and thereafter he shall report to the concerned police station on every Saturday between 10.00 and 11.00 a.m. till conclusion of the trial. He shall inform his address to the concerned police station where he proposes to stay during the above referred period of three months and shall report to the nearest police station on every Saturday between 10.00 and 11.00 a.m. Application is disposed of. (A. P. Deshpande, J.)