1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1611 OF 2009 Dilip Mahadeo Bhojane .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Senior Counsel i/b Shounak Mehta for the applicant. Smt.P.P.Shinde A.P.P. for the State. Ms.Manisha Devkar for the original complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 24TH APRIL, 2009. DATED : 24TH APRIL, 2009. DATED : 24TH APRIL, 2009. P.C.: . Heard learned senior counsel for the applicant, learned counsel for the complainant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.72 of 2008 of Mhaswad police station. The said crime has been registered against the applicant and 11 others for having allegedly committed an offence punishable under sections 302, 307, 143, 147, 148, 149, 323, 324, 504 and 421 of IPC. 3. Mr.Mundargi, learned senior counsel for the applicant, at the outset, submitted that the present applicant is entitled for bail on parity with all other accused and more particularly accused no.1 - 2 2 2 Uttam Jayaram Khade. He submitted that there was a fight between two groups on 9.11.2008 in which the applicant and 11 others have allegdly assaulted Ananda Tatyaba Khade, who succumbed to the injuries on 16.11.2008. My attention was invited to the statements of the eye witnesses. From the statement of the eye witnesses it is clear that Uttam Khade (accused no.1) and the present applicant are the main accused, who allegedly assaulted the deceased - Ananda Khade. The statements of all the eye witnesses are consistent insofar as these two accused are concerned. Even the complainant in his statement has stated that he had seen Uttam Jayaram Khade and the present applicant standing with iron rod in their hands at the place where Ananda Tatyaba Khade was lying in injured condition. Uttam Jayaram Khade and the other accused have already been released on bail. This statement of Mr.Mundargi has not been disputed by learned A.P.P. However, the learned A.P.P. submitted that the present applicant is a leader of the group and he is a Sarpanch of the village and there was a strong motive for him to kill the deceased - Ananda Khade. In my opinion, merely because the applicant is a Sarpanch and leader of the group and that he had strong motive, that cannot be a ground to deny him bail on parity since the role attributed to him and to the co-accused - Uttam Jayaram Khade, who is already released on 3 3 3 bail, is similar. Moreover, it is pertinent to note that the State has not filed any application seeking cancellation of bail of Uttam Khade. In the circumstances the applicant is entitled for bail on parity with Uttam Jayaram Khade. Hence the following order: . The applicant be released on bail in the sum of Rs.25,000/- with one or two sureties in the like amount subject to the condition that the applicant shall not enter the limits of village Palshi, Village Maan, District Satara, for a period of six months from today. He shall inform his residential address to the concerned police station where he propose to stay during this period within two weeks from the date of his release and he shall report to the nearest police station from his residence on every Sunday between 9 am and 10 am. Thereafter, to the concerned police station on every Sunday between 9 am and 10 am till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)