IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3222/2007 [Bandu Somaji Chimurkar vs State of Mah.] --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 17 th JANUARY, 2008. Heard Shri R.B.Gawande, Advocate, for the applicant and Shri Yengal, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. claiming bail. Accused/applicant along with others is being prosecuted for the offence punishable under Sections 143, 147, 148, 149, 342 r/w Section 342 of the I.P.C. arising out of Crime No. 86/2007 of Police Station Tiroda. It is contended by the learned counsel for the applicant that other accused have been released on bail and therefore, on the ground of parity, this applicant should also be released. On perusal of the orders of bail in respect of other accused, it seems that they have been released because the alleged role played by them in the commission of the offence was of giving legs & feast blows. The case of the present applicant is regarding hitting the deceased by stick whereby fatal injuries were caused, therefore, the case of this applicant cannot be equated with the case of the other accused. The learned counsel for the applicant has also tried to justify the application on the ground that deceased had illicit relations with the wife of the present applicant and there was an incident of deceased abusing the applicant & others under the influence of liquor by sitting on chair in the house of the present applicant. No doubt, this may be as cause of provocation and there may not be any intention to murder the deceased, however, the applicant is alleged to be responsible for causing assault by stick whereby the deceased died. In the circumstances of the case, bail cannot be granted to the applicant at this stage, however, he would be at liberty to move this Court for bail if the trial does not begin within the period of three months from today. The above observations are in prima facie view of the matter and they should not influence the trial Judge in any way while deciding the matter on merits. Inform the learned trial court to expedite the matter. JUDGE Rvjalit