IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.1646/2009 (Mahesh Bangari..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : S.R.DONGAONKAR, J. DATE : 11 th JUNE, 2009 Heard Shri Wagh, advocate for the applicant and Shri Mandpe APP for state. By this application under section 439 of Cr.P.C., the applicant is claiming bail. The main ground on which bail is claimed is ground of parity with the other co-accused i.e. his brother. Learned Additional Sessions Judge while releasing the co- accused on bail observed that - “The stick blow given by the accused/ applicant is on head of the deceased and it is given in the quarrel. The fact further suggests that it was not the target of the accused/ applicant to attack the deceased. Deceased simply intervened being neighbourer and this was not liked by the applicant. So he gave blow of stick. Under such circumstances, it was not the intention of the applicant to assault the deceased. Therefore, I am inclined to release the applicant / accused on bail.” The first information report is perused. It is difficult to say that case of the applicant is not different from that of the other co- accused. In these circumstances on the ground of partiy, applicant would be entitled to bail. Applicant be released on bail on his furnishing PRB of Rs. 15000/- with one surety in the like amount, subject to condition that he shall attend the P.S.Ramnagar between 4.00 to 6.00 p.m. On every Monday and Friday for a period of three months and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. . JUDGE smp