1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 583/2011 Gokuldas Chintaman Wankhade ..Vs.. State of Maharashtra through P.S.O. P.S. Yavatmal City, Yavatmal. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. M. Daga, Advocate for the Applicant Mr. P. D. Kothari, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 14.10.2011. 1. Heard learned counsel for the parties. 2. The applicant, who has been arrested on 04/02/2011 in Crime No. 62/2011, registered at Police Station Yavatmal (City) for offence punishable under Sections 323 and 302 read with Section 34 of the Indian Penal Code, has filed the present application for bail. 3. Investigation is already complete and charge-sheet has been filed. It is seen that the deceased Amit Meshram himself had gone to the house of the accused persons where the incident occurred. As seen from the case papers, the main role is played by Prafulla Gokul Wankhede who assaulted Amit with spade on his head whereas the allegation against the applicant is that he assaulted the deceased by means of kicks and fist blows. 4. Learned A.P.P. has pointed out that in his statement, Ajay Bhimrao Bansod has stated that after the assault by Prafulla with spade on the face of the deceased, the present applicant stood on the hands of the deceased whereas Kantabai (wife of the 2 present applicant) stood on the legs of the deceased and Prafulla again inflicted two blows of spade on the face of deceased, out of which, one blow was inflicted on his private part. According to learned A.P.P., therefore, the present applicant has played a major role in the commission of murder of the deceased. In this regard, it is seen that the learned Additional Sessions Judge, Yavatmal by order dated 25/03/2011, has already released said Smt. Kantabai Wankhede who is the wife of the present applicant. The role played by the applicant is similar to that of said Kantabai Wankhede. Hence on the ground of parity, the applicant is entitled for bail. 5. Besides the above, charge-sheet has already been filed and the presence of the applicant in custody will not serve any purpose. Hence, the application is allowed. 6. The applicant shall be released on bail in Crime No. 62/2011, registered at Police Station Yavatmal (City) for offence punishable under Sections 323 and 302 read with Section 34 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs. 30,000/- with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution witnesses. Application stands disposed of accordingly. JUDGE Punde.