1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3810 OF 2010 Bhimrao Shivram Patil & ors. ..APPLICANTS VERSUS The State of Maharashtra ..RESPONDENT Mr V.D. Sapkal, Advocate for the applicants; Mr N.R. Shaikh, A.P.P. for the respondent. CORAM : P.V. HARDAS, J DATE : 22nd October, 2010 PER COURT : The applicants, who are accused in Crime No.54/2010, registered by the Mehunbare police station, District Jalgaon, under sections 302, 307, 143, 147, 341, 427 read with sec. 34 of the Indian Penal Code, seek their release on bail. 2. The present applicants had filed an application seeking their release on anticipatory bail. The aforesaid application, namely Criminal Application No.1955/2010 came to be allowed by the learned Single 2 Judge of this Court on 15.6.2010. The learned Single Judge found that the first information report had been lodged against one Vinod and Devidas. In the first information report it was alleged that apart from these two accused, 7 to 8 other unknown persons were also involved. Learned Single Judge of this Court after granting interim anticipatory bail confirmed the said interim bail by order referred to above. It appears that Devidas had filed Criminal Application No.2851/2010 and Vinod had filed Criminal Application No.3047/2010 under section 439 of the Code of Criminal Procedure. Both these applications came to be allowed by the learned Single Judge by orders dated 26.7.2010 and 9.8.2010. Even on the ground of parity, the applicants are entitled to be released on bail as the offenders who have been named in the first information report have already been released on bail. Apart from that, the allegations against the present applicants are that they had caused injuries by fist and kick blows and by dashing the head of the deceased on the ground. However, the offenders who have been named in the first information report have been released on bail under section 439 of the Code of Criminal Procedure by observing that the investigation was over and the charge- sheet had been filed and there were less chances of tampering with the investigation. The learned Single Judge has observed that apart from it, the witnesses whose statements are against interest of the applicants are not residents of village Takali Pra De, where the applicants reside and hence the application deserved to be allowed. 3 3. In the light of the aforesaid facts, I am inclined to allow this application. Accordingly, Criminal Application No.3810 of 2010 is allowed and the applicants are directed to be released on bail on each of the applicants executing a P.R. bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Trial Court. The applicants shall not make any efforts at influencing the prosecution witnesses or tampering in any manner with the prosecution evidence. Application allowed accordingly. ( P.V. HARDAS, J.) amj/criap3810.10