1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1538 of 2010 Gajanan Pralhad Gaikwad ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Washim Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. H.M.Mohta, Advocate for the applicant. Mr. A.S.Parihar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 14 th Octo ber , 2010 . Heard. This is an application filed by the applicant seeking enlargement on bail in Crime NO. 256/2009, registered with Police Station, Washim for the offence punishable under Section 302, 201, 120(B) read with Section 34 of Indian Penal Code. It is reported in the report filed by one Ravi Gagaram Jadhav that there was rivalry between his father and his brothers on the ground of field. On 01/8/2009, while returning back after attending the court proceedings at Washim, Ravi and his father were apprehended by one Pralhad Gaikwad, his brother Kailash and some other relatives. The applicant was member of that group and was armed with Axe. Father of Ravi was assaulted by Pralhad, Kailash and other members of the said group. In the assault, father of Ravi by name Santosh @ Janu Dhondu Jadhav lost his life. Learned Advocate for the applicant submits that the applicant is involved in the crime because of rivalry. No role is attributed to the applicant in the report and the application deserves to be allowed. 2 Reply is filed by the respondent State. The record is also produced by learned APP for perusal of the Court. At this stage, the learned Advocate for the applicant invited my attention to the orders dated 26/3/2010 and 29/4/2010 passed by this Court on the applications filed by the applicants/accused arising out the same Crime, being Cri. Application No. 240/2010 (Prakash Gaikwad .vs. State) and Cri. Application No. 476/2010 (Raju Pralhad Gaikwad .vs. State), respectively. Learned Advocate further submitted that the allegations against these applicants are that they were armed with the knife and participated in the assault and while considering the case of these applicants, this Court has considered similar set of facts and released the applicants on bail. Therefore, the learned Advocate submitted that the present applicant is also entitled to be released on bail on the ground of parity. I have gone through the orders passed by this Court. I find merit in the submission of learned Advocate for the applicant. The applicant is similarly circumstanced with those applicants i.e. Prakash and Raju and I find no reason to take a different view from the view taken by this Court in the above orders. In the result, the application is allowed. The applicant/accused be released on bail on his furnishing P.R. bond of Rs.20,000/- with one solvent surety in like amount, on the following conditions. a] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. b] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the Police Station, Washim. 3 c] In case the applicant is moving out of the area of police station, Washim, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of in the above terms. JUDGE Diwale