1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.131/2011 (Gajanan Bhagwan Narwade .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.D. Chande, Advocate for applicant, Mr. A.S. Sonare, APP for respondent. .......... CORAM : P.D. KODE, J DATED : MARCH 28, 2011 Heard. The learned counsel for the applicant has pressed the prayer for bail made by the applicant charge sheeted by Risod Police Station, as a result of investigation of Crime No.69/2010, registered on 5.6.2010, for offence under sections 302, 201 r/w 34 of IPC principally on the ground of parity. It is the submission of the learned counsel for the applicant that the case of the applicant stands on par with co-accused Raju Mahipati, who has been granted bail for the reasons recorded in order dated 21.1.2011. It is urged only additional circumstance pointed out by the learned APP is the alleged discovery and seizure of gold locket on the person of deceased, as a sequel to the statement leading to discovery of same made by the applicant. It 2 is urged that mere recovery of some gold locket at the behest of the applicant would be inconsequential unless nexus of the same as being locket on person of the deceased at the time of his death is established by prosecution. It is urged that the charge sheet does not contain any material establishing such a nexus. Since such a position was seen after perusal of the material in the charge sheet, learned APP, who has opted to argue the matter without filing say in view of charge sheet being filed, was asked to pinpoint material from charge sheet, if any, showing such a nexus. The learned APP has candidly submitted of charge sheet containing no such material either in the shape of further statement of the complainant or any other witnesses identifying the locket seized being that of deceased or any other documentary such as receipt of locket of deceased, it is difficult to accept that the case of applicant stands much higher pedestal than that of accused Raju, who has been released on bail. In view of the same, the prayer for bail will deserve consideration on the point of parity. The applicant/accused is directed to be released on bail in connection with Crime No.69/2010 of Risod Police Station upon furnishing a P.R. Bond in the sum of Rs.1,00,000/- with one solvent surety in the like amount and subject to the conditions that the applicant : (i) after his release on bail, shall attend the investigating officer in between 11.00 am and 2.00 pm on every Monday for a period of first two months and, thereafter, on every alternate Monday for a period of next two months and, thereafter, on every Monday, until conclusion of the trial; 3 (ii) shall stay upon the address mentioned in the application and shall not leave the same without the permission of the trial court; (iii) shall not indulge in any activity of tampering prosecution evidence; (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande