1 APPLN 2846 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2846 OF 2010. Dattatray Waghmare .. Applicant -versus The State of Maharashtra .. Respondent. Mr P.G. Sarda, for the Applicant. Mrs R.V. Newton, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st October, 2010 P.C. 1. This is an application for bail by one of the six accused persons, who have been chargesheeted in CR No.27 of 2010, for the offence punishable under sections 307, 326, 341 r/w 149 of the Indian Penal Code, registered at Barshi City Police Station. The applicant is alleged to have caused injury to Hajir Bhagwant Kamble, the first informant leading to compound fracture on leg, and parital part of Ulna, which have been certified as grievous injuries. In the same assault, one Sainath Kotkar, a co accused is alleged to have caused injuries to Malhari Kamble on his head leading to fracture to right parietal bone which is also certified as grievous. The applicant and other co accused had applied for bail by filing Criminal Application No.1274 of 2010. Except present 2 APPLN 2846 OF 2010.sxw applicant, Sainath Kotkar and others had been admitted to bail by this Court, holding that the applicant was not entitled to bail. Therefore, learned counsel for the applicant, withdrew the above Criminal Application No.1274 of 2010, in respect of present applicant and thereafter, this fresh application was filed. When it came up for hearing on 2nd September, 2010, learned counsel for the applicant stated that the application may be placed before learned Judge, who had passed earlier order dated 9.4.2010 in above application. Since there is no prospects of the learned Judge again hearing the matter. Learned counsel for the applicant, therefore, sought hearing of this application. 2. I have heard learned counsel for the applicant as well as learned APP. Learned counsel for the applicant submits that since Sainath Kotkar, who had assaulted the victim with sword and inflicted injury on the head of the victim resulting in fracture, was granted bail it would be unfair to deny bail to the applicant. Reliance placed by learned counsel for the applicant, on the judgment in case of Bhausaheb Nagu Dhavare -vs- State of Maharashtra, 2001 Crimes, vol III, page 448, is misplaced as the ratio emanating from the Judgment is not that if a victim in a case survives and there is no prospect of the offence being escalated to higher count or if accused is in jail for 8 months, he should bailed out. There can be no such principle of law. 3 APPLN 2846 OF 2010.sxw 3. However, considering the fact that the co-accused Sainath Kotkar who had caused injuries to victim, has been admitted to bail, the application is allowed on parity. Therefore, the applicant be released on bail on his furnishing PR Bond in the sum of Rs. 10,000/- with one or more solvent sureties in the aggregate sum of Rs.10,000/- on the condition that he shall report to the concerned police station on first and third Monday of every month and shall not tamper with any witnesses and will attend all dates of trial unless exempted. 4. Application stands disposed of. (R. C. CHAVAN, J.)