1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (BA) No.287/2011 ( Sachin Janardhanrao Mankar ..Vs.. State of Maharashtra, through P.S.O.P.S. Chandur Bazar, Distt. Amravati ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.W. Deshpande, Adv. for applicant. Mr. S.M. Bhagde, A.P.P. for respondent. CORAM : M.N. GILANI J. DATE : 7.6.2 011 . Heard. The applicant is the original accused no.2 in Crime No.261/2010, registered with the police station Chandur Bazar, Distt. Amravati, under section 307, 504, 506, 397, 398 read with 34 of the Indian Penal Code. It is the prosecution case that on 18/11/2010 at about 10.00 p.m. the complainant by name Mohammad Yusuf Ali who was standing in the Jaistambh Square, Chandur Bazar, the accused no.1 Hamid and present applicant – accused came there on cycle. At that time, one Atul Ruprao Singan was also present there. It is alleged that the applicant – accused no.2 assaulted Atul with knife while the accused no.1 delivered feast blows on the person of said Atul. 2 When the complainant Mohammad Ali intervened, he was also assaulted with knife and feast blows. The learned A.P.P., on instructions, states that the chargesheet has been submitted before the Judicial Magistrate, First Class and the accused Hamid has been released on bail. Prayer to release the present applicant – accused on bail was made before the learned Additional Sessions Judge which was rejected on the ground that the applicant – accused was holding knife and dealt knife blows on the person of Atul. The learned Additional Sessions Judge did not agree with the contentions that on the ground of parity the applicant – accused no.2 is entitled to be released on bail. With the assistance of learned A.P.P. and the learned counsel for the applicant – accused chargesheet and the documents relied on by the prosecution have been perused. The injury report reveals that 6 to 7 injuries were there and the Medical Officer did not opine that the injuries were sufficient in ordinary course of nature to cause death. The discharge certificate shows that Atul was discharged within two weeks from the date of his admission. Under these peculiar facts and circumstances of the case the applicant – accused deserves to be released on bail. The application is allowed. 3 The applicant – accused is directed to be released on bail on executing the P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount to the satisfaction of the trial Court with a condition that he shall report the police station Chandur Bazar, Distt. Amravati once in three months during the pendency of the appeal. JUDGE Tambaskar.