1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2506 OF 2009 Sandeep S/o Dattatraya Kamble and another Versus State of Maharashtra *** Mr. R. N. Dhorde, advocate i/b Mr. V. S. Kadam, Advocate for the Applicants. Mrs. B. R. Khekale, A.P.P. for the Respondent State. *** 1. Present application is moved by Sandeep Dattatraya Kamble and Subhash S/o Dattatraya Kamble in Crime NO.248 of 2008 registered at Kopargaon Police Station for an offence under section 143, 147, 148, 149, 302, 307, 323, 324, 427, 504, 506 of Indian Penal Code and section 37 (1) (3) of the Bombay Police Act. The main plank of submissions of the counsel is, since the other accused, who were also allegedly associated with the present Applicant/ accused with identical role to assault or to eliminate the victim and the other Accused having been released by this Court, the applicants herein also deserve same treatment on principles of parity. 2. According to the counsel, the accused are in custody from 2nd November, 2008, charge sheet is filed on 28th January, 2009. The accused/ applicants 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. will abide by any condition of leaving at other place, if their request is entertained. 3. There is no controversy that criminal application Nos. 1195 of 2009 and 925 of 2009 moved by other accused, in the same crime, were entertained by this Court and by order dated 17th June, 2009 those applicants were directed to be released on bail on their furnishing P.R.Bond and surety in the sum of Rs. 10,000/-. 4. The F.I.R. of the complainant, recorded while he was at Sai Hospital, Shirdi indicate specific role to the accused applicant herein i.e. Sandeep Kamble and Subhash Kamble to be holding iron tomy and iron pipe with which both these persons brutally assaulted complainant and the victim Pralhad. The victim succumbed to the injuries and expired. Other accused, who are, by virtue of above referred order, are directed to be released on bail were possessing wooden logs and few of the accused had used fists blows. The complainant has, owing to the brutal attack, suffered fracture. He could not move while Pralhad succumbed. The vehicle of the complainant was also damaged. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. Though charge sheet is filed on 28th January, 2009, the manner in which the assaults are inflicted as indicated in the F.I.R. will not allow concession on parity as has been coined by the learned counsel. The brutality which was in the mind of the present applicants was so extensive that they did not bother about the nature of assaults and the injuries Pralhad having suffered. Even thereafter they have, with vengeance in the mind, damaged the vehicle. In the situation, bail application rejected. 6. The observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:05/08/2009. ans/2506