1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3545 of 2009 Prakash v. The State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr D.S. Dharaskar, Adv for applicant Mr Shyam Ahirkar, APP for State Coram : A.P. Bhangale, J Dated : 7th January 2010 1. Heard learned counsel for the applicant and learned APP for State. Applicants are praying for grant of bail in Crime No. 13/2009 registered with Police Station, Nandgaon Khandeshwar for offences under Sections 147, 148, 149, 307, 323 and 324 of the Indian Penal Code and Sections 4/25 and 27 of the Arms Act. 2. Learned counsel for applicant submits that co-accused Marotrao Marotkar (father of present applicant) has been released on bail by this Court vide order dated 14th September 2009 passed in Criminal Application No. 2915 of 2009. He further submits that for assault on present applicant, report was lodged and on cross-complaint, offences under Sections 147, 148, 149, 307, 324, 323 of the Indian Penal Code have been registered against complainant-party in this case. He further 2 submits that applicant had sustained incised wounds and had received medical treatment while he was in judicial custody. Learned counsel also submits that it was not possible for the present applicant to assault Marotrao by means of stick having sustained incised wound. 3. Learned APP opposed the application and contended that there is material collected during the course of investigation to indicate that eye witnesses have seen the present applicant and others holding stick, knife, dagger etc. and running after deceased Marotrao Lyber. One Deorao Lomte has stated that applicant was one of the assailants who caught hold of Marotrao Lyber opposite the house of said witness. 4. Post-mortem notes in respect of deceased Marotrao Lyber indicate that he had sustained temporal bone fractured and died as a result of cerebral hemorrhage due to head injury. Version of the witnesses that applicant was armed with stick and he also dealt blows on Marotrao Lyber, cannot be discarded. Consideration while granting bail to co-accused Marotrao Marodkar was totally different and applicant cannot claim parity with him. On the complaint of present applicant, persons like Prakash Dhok, Ramesh Gore, Rajendra Gore and Sandeep etc. have been booked to crime, cannot be a ground for present applicant to claim bail. Applicant has to independently establish prima facie case in his favour to be enlarged on bail. 5. In view of above, no case is made out for grant of bail. Application is, therefore, rejected. It is made clear that 3 trial Court will deal with the trial totally uninfluenced by the observations made herein and it will try to conclude trial as early as possible. Application stands disposed of accordingly. Judge. Hsj