jpc ba455-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 455 OF 2011 Vijay Mahipat Kangude ... Applicant Versus The State of Maharashtra ... Respondent Mr. Uday P. Warunjikar, for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 15th July, 2011. P.C. : 1. Heard Mr. Warunjikar, the learned advocate for the applicant and Mr. Saste, the learned APP for the State. 2. I have gone through the First Information Report. With the assistance of the learned advocate for the applicant and the leanred APP, I have glanced through the relevant parts of the charge sheet. 3. Mr. Warunjikar submitted that out of the total 18 accused, as many as 13 have already been released on bail, either by the trial Court or by this Court. He submitted that the case of the present applicant is in no way different from the case of the others who have been released on bail. He, therefore, submits that the applicant be released on the principle of parity. jpc ba455-11.sxw 2 4. I have glanced through the various orders passed by this Court and the special Court, the compilation of which is submitted by the learned advocate for the applicant. The applicant is not alleged to have fired at the victim. He has been identified as one of the assailants by one witness. I have satisfied myself that the case of the applicant, for the purpose of bail, cannot be treated differently from those who have been granted bail. 5. The learned APP submits that the charge has already been framed in the matter and the case has been kept for recording of evidence. He, therefore, submits that the applicant may not be released on bail. I am not able to give much importance to this aspect. It is pointed out to me that 143 witnesses for the prosecution have been cited. Even though all the witnesses may not be examined still, the learned APP states that about 60 witnesses will be examined. It is, therefore, not possible to expect that the trial can be expeditiously held. 6. Moreover, it also appears that when the co-accused- Santosh Lande- was released, at that time also the charge had been framed, but, this did not weigh with the Court for rejecting the bail application of the said accused. In the circumstances, the applicant also should be released on bail. jpc ba455-11.sxw 3 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety in like amount, on the condition that the applicant shall report to the office of the Crime Branch, Pune on every Monday between 5 p.m. to 6 p.m. till disposal of the case against him. (A.M. THIPSAY, J.)