[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1068 OF 2008 Prem Wandar Patil ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.B.R.Patil counsel with Mr.P.P.Runwal Advocate for applicant Mr.A.S.Shitole A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 2, 2008 DATE : JULY 2, 2008 DATE : JULY 2, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant-original accused no.5 is seeking bail in CR No. I-73 of 2006 of Manpada Police Station, Dombivali. The said case is under Section 302 of IPC. 3. The applicant had earlier preferred application for bail which came to be rejected by this Court on 14th March, 2007. It is submitted that the applicant is in custody for more than two years and [-2-] the trial is not likely to begin in the near-future. 4. The learned counsel for the applicant has pointed out that in the present case, though the incident had taken place on 15th March, 2006, deceased Rohidas died four days after the incident. The present case was initially registered under Section 307 of IPC. As Rohidas died four days after the date of assault, thereafter the case was converted to Section 302 of IPC. 5. The learned counsel for the applicant has pointed out that three persons assaulted Rohidas i.e. Sudhir, Anil and the present applicant. Anil assaulted Rohidas on his head with sword. Sudhir Patil assaulted deceased on the head with stone and the present applicant assaulted deceased on his head with iron rod. It is seen that two other accused persons i.e. Anil Patil and Sudhir Patil have assaulted the deceased on his head. The learned counsel for the applicant points out that Anil and Sudhir have been released on bail by this Court and the role of the present applicant is similar to that of Anil and Sudhir. He submitted [-3-] that Sudhir was released on bail on 14th March, 2007 and Anil was released on bail on 13th March, 2008, hence, in view of these changed circumstances on the ground of parity, the applicant may be released on bail. 6. Looking to the fact that role of the present applicant is similar to that of co-accused Anil and Sudhir, I am inclined to grant bail to the applicant. 7. The applicant-Prem Wandar Patil to be released on bail in the sum of Rs.20,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant shall not enter the jurisdiction of Manpada Police Station, Dombivali during the pendency of the trial. The applicant shall report once in a week to Taloja Police Station till disposal of trial. Before being released on bail, the Station House Officer at Manpada Police Station, Dombivali, shall be informed the address at which the applicant will reside during the period that he is on bail. 8. Application is disposed of. [-4-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]