1 1 1 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.1742 OF 2009 Shantaram Tukaram Kadam .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.P.L.Sapkale for the applicant. Mrs.S.D.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 28TH APRIL, 2009. DATED : 28TH APRIL, 2009. DATED : 28TH APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-50 of 2007 of Kulgaon police station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 302, 307, 324, 147, 148, 149, 120-B, 427 of IPC and 4, 27(3) of Arms Act. 3. Mr.Sapkale, learned counsel for the applicant at the outset invited my attention to the order of this court dated 23rd March, 2009, passed in criminal application No.1250 of 2009 by which co-accused - Amol Anant Tambhe has been released on bail. He submited that there is no difference between the role attributed to Amot Tambe and the present applicant 2 2 2 and, therefore, the present applicant is also entitled for bail on parity. I have perused the said order so also the statement of the complainant - Ramdas Pawar and the statement of another eye witness - Dattatraya Dinkar Pawar. From the statements of these two witnesses it is clear that the applicant did not assault the deceased. The complainant has stated that the applicant assaulted him on his head. Mrs.Shinde, learned A.P.P. has fairly stated that there is no injury certificate of the complainant on record. Keeping that in view and considering the material against the applicant, in my view, he is entitled to be released on bail. Hence the following order: . The applicant be released on bail in the sum of Rs.5,000/- with one or two sureties in the like amount subject to the condition that the applicant shall report to the concerned police station on the first Saturday of every month between 10 am and 11 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)