IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 671 OF 2009 CRIMINAL APPLICATION NO. 671 OF 2009 CRIMINAL APPLICATION NO. 671 OF 2009 Vivek @ Bablu Shankar Sable ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.A. Shamale for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 4, 2009 DATED : MARCH 4, 2009 DATED : MARCH 4, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Section 302 and other related offencs of the IPC vide C.R.No.297/2008 registered with Panchavati Police Station, Nashik. 3. The charge-sheet has been filed. It is submitted that there are two conflicting set of statements made by two different groups of witnesses. This has been referred by the learned Sessions Judge who rejected the application. - 2 - 4. The only role attributed to the present applicant that he was holding a stick. The cause of death is due to stab injury which was inflicted by one Mr.Sonawane. The other co-accused Hemant Shetty who was holding a stick and had assaulted the deceased with the stick, has been released on bail by this Court by order dated 10th February, 2009 in Criminal Application No.76/2009. The applicant seeks bail on the ground of parity. 5. In my view, since charge-sheet is already filed and there is contradiction in statements between two groups of witnesses and since the other accused has been released who was attributed the same role as the present applicant, the applicant, under the circumstances, deserves to be released on bail. 6. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount for the aforesaid offence. The applicant shall not enter the jurisdiction of Panchavati Police Station - 3 - pending the final hearing of the trial. He shall report to the nearest police station from his new address once in a week. 7. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)