1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3024 of 2009 (Sahebrao s/o Sudam Divekar vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.S.Borkar, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/9/2009 P.C.:- 1. Heard the Counsel for the accused/applicant and learned A.P.P. 2. The accused/applicant, who is in custody from 30th Dec.,2008, for an incident dt.27.12.2008, giving rise to Crime No.I. 247/2008, registered at Shrirampur City Police Station for the offense under Sections 302, 323, 324, 504 read with Section 34 of IPC, prays to release him on bail. 2 3. Counsel submits the accused is permanent resident of the area, he is the only bread earner. He has two sons and two daughters. Anjanabai, one of the accused/suspect is released on bail and principle of parity should be applied. Chargesheet is filed. Investigation is completed, further custody not desired. 4. It is not that simple as the Counsel submits. The brutality running in the mind of Sahebrao, applicant is demonstrated in the FIR of the widow Suman Balasaheb Chaudhari as to how the incident has successively taken place. The deceased Balasaheb, indeed, had come accidentally at the spot when a brawl was going on and when the accused, with others, was in an enraged state of mind Balasaheb tried to intervene which was the cause running in the mind of the present accused Sahebrao. People intervened and separated. Dinkar, one of such person, who took the accused little away from the proximity of Balasaheb was also a 3 sufferer. There were 3/4 bleeding injuries at his arms and, when accused succeeded in getting the clamps erased and rushed to Balasaheb, he assaulted, with a weapon/knife aiming at chest of said Balasaheb and, successively, he was stabbed to death. It is not that the incident is not witnessed by the widow or by Dinkar but there are others who are named in the FIR. Statements of such persons are also recorded by the Police. In such eventuality of the matter, claiming that Anjanabai, another accused, was released on bail should be applied with the same scale, is difficult to digest. The vengeance running in the mind of the accused/applicant being displayed illustratively, his release on bail will be terrorizing the witnesses as to come forward to reveal the truth. Consequently, no merit. Application rejected. (K.U.CHANDIWAL) JUDGE ... agp/3024-09crapl