1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No. 567/2011 Diwakar Shalikram Amdhare Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 18/10/2011. Heard Mr. R.M. Daga, learned counsel for the applicant and Mr. C.N. Adgokar, learned APP for the respondent. The applicant, who has been arrested on 1.1.2011 in Crime No. 2/2011 registered at Police Station, Mouda, District Nagpur for offence punishable under Sections 143, 147, 302, 307 read with Section 34 of the Indian Penal Code and Section 3(1)(2)(5) & (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in which after filing of the charge-sheet, the case has been already committed and and registered as Special Criminal Case No.10/2011 before the Additional Sessions Judge, Nagpur, has filed the present application for bail. The case of the prosecution is that on 31.12.2010 the accused persons gathered in front of the house of the deceased Kisan Kangale and were alleging that Kangale family had played black magic upon Jeejabai Andhare wife of Rajendra Andhare due 2 to which she died and, therefore, the accused persons first took Prabha Kangale with them in the village assaulted her and thereafter also assaulted her husband Kisan Kangale due to which Prabha and Kisan died. It is the contention of learned APP that the statements of Gangadhar Kangale, Jitendra Kangale and Ravi Shende, who is injured himself reveal the role attributed to the present applicant. Hence, perused the case papers. Upon going through the statement of said witnesses, I find that the role attributed to the present applicant is only of assaulting Ravi with kicks and fists blows. By order dated 7/6/2011 in Cri. Application (BA) No. 256/2011 co-accused Gyaniwant Dobale, who has also allegedly taken part in the assault on Ravi, has been granted bail by this Court. By Order dated 20.8.2011 in Cri. Application (BA) No. 389/2011, co-accused by name Sudhakar @ Sudam Bagade has been granted bail on the same ground that the allegation against him is beating Ravi Shende. The injuries sustained by said Ravi Shende are simple in nature. In view of the above, on the ground of parity, the present applicant is entitled to bail. In the result, application is allowed. The applicant shall be released on bail in Crime No.2/2011 registered at Police Station Mouda, District Nagpur, (Special Case No. 10/2011) for offence 3 punishable under Sections 143, 147, 302, 307 read with Section 34 of the Indian Penal Code and Section 3(1)(2)(5) & (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, upon execution of the personal recognition bond in the sum of Rs. 10,000/- with two solvent sureties in the like amount to the satisfaction of the Additional Sessions Judge, Nagpur before whom the matter is subjudice. Application stands disposed of. JUDGE Ambulkar.