1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.94/2011 (Balkrushna Kalnaji Raut .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.A. Mohta, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 21, 2011 The learned APP states that he is relying upon the reply filed by the prosecution in Criminal Application (BA) No. 11/2011. Heard. The submission of the learned counsel for the applicant that entire allegation against him rests upon the circumstantial evidence and the sole circumstance of deceased lastly seen alive in the company of the applicant on the day of an incident nearby the field in which ultimately the corpse of deceased was found, is not refuted by learned APP. There is also substance in the submission canvassed that even the evidence/material pertaining to the said circumstance has surfaced at belated stage during the course of investigation. Having regard to the same and having regard to the fact that co-accused has been granted bail vide order dated 3.2.2011 passed in Criminal Application (BA) No.11/2011 and 2 the case of the applicant cannot be said to be not on par than the said co-accused, the submission of granting the applicant bail on the principle of parity also deserves credence. In the premises aforesaid and particularly considering such character of the prosecution material, the applicant is entitled for bail by imposing conditions for ensuring his presence at trial and taking care that liberty given is not misused. Hence the order : The applicant is directed to be released on bail in connection with Crime No.5/2010 of Police Station, Jaulka, District-Washim for offence under Section 302 of IPC, upon furnishing P.R. Bond in the sum of Rs.1,00,000/- with two separate solvent sureties in the like amount and subject to the conditions that the applicant : (i) shall attend the investigating officer in connection with the investigation in between 11.00 am and 2.00 pm on every day for a period of one week, thereafter, on every Monday until filing of chargesheet and, thereafter, on every first Monday; (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. JUDGE Gulande