-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRI. APPELLATE JURISDICTION APPLICATION NO.687 OF 2007 IN APPEAL NO.137 of 2007 Ganesh Narayan Pawar ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.K.S.Patil, Advocate for Applicant Mr.A.R.Patil, APP for Respondent-State ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : MARCH 24, 2008 DATE : MARCH 24, 2008 DATE : MARCH 24, 2008 P.C. P.C. P.C. 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The Applicant-original accused No.3 has been convicted under Section 302 of IPC along with other two accused. The Applicant is now seeking bail. The learned Advocate for the Applicant has submitted that co-accused Narayan Aba Pawar and Smt.Laxmibai Narayan Pawar have been granted bail by this Court. by order dated 10th April, 2007 in Criminal Application No. 174 of 2007. He has further -2- submitted that it is a case of exercise of right of private defence and hence, the Applicant may be released on bail. 3. As far as Narayan Pawar and Smt.Laxmibai Pawar being released on bail, it is seen that Narayan was 64 years of age and Smt.Laxmibai was 59 years of age, whereas the Applicant is about 20 years old. Moreover, both the accused persons who are released on bail, have sustained injuries. These facts were taken into consideration by the Court and both the accused persons came to be released on bail. As far as the present Applicant is concerned, there are three eye witnesses who implicate him i.e. P.W.1 Netaji Bapu Pawar, P.W.2 Pravin Parab and P.W.6 Nanda Pawar. P.W.1 Netaji has stated that the present Applicant along with other accused came to the spot armed with sticks and they beat him on his head and shoulder. Applicant beat Tanaji with stick and Tanaji fell down on the ground. He was taken to the Hospital. On account of assault, Tanaji died. There were injuries on the head, forehead and other parts of the body of Tanaji. P.W.1 Netaji also received injuries on his shoulder, hands and legs. Bapu also received injuries on the head. The -3- evidence of other two eye witnesses i.e. P.W.2 Pravin and P.W.6 Nanda is on similar line as that of P.W.1 Netaji. Thus, the case of the Applicant cannot be equated with those of the two accused persons who have been released on bail. Looking to the above facts, we are not inclined to grant bail to the Applicant. 4. Application is rejected. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.] [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.] [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]