1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3920 OF 2009 Ravindra H. Pavshe ....Applicant Vs. The State of Maharashtra & Ors. ....Respondents ----- Mr.Vaibhav G. Bagade/ Mr. Narendra R. Dhanawade for Applicant Ms.Seemy Gupta i/b. Mr.A.M. Saraogi and Mr.Priyatosh Tiwari for Intervener Mrs.S.D. Shinde -APP for State ------ CORAM: V.M. KANADE J. DATED: 25TH NOVEMBER, 2009 P.C. 1. Heard the learned Counsel for the Applicant and the learned APP for the State. 2. The Applicant was arrested on 26.3.2009 for the offence punishable under sections 302, 307, 504, 506, 325, 324, 143, 147, 148, 149 of the Indian Penal Code and sections 4, 27 of the Arms Act and sections 37(1), 135 of the Bombay Police Act. 3. There were some altercations between the two 1 groups while they were playing cricket on the village ground. It is alleged that the group of the Applicant entered on the ground of the village with 15-20 persons and assaulted the Complainant and others who were playing cricket on that ground with stump, bats, swords, axe, sticks etc. Most of the Accused who were carrying swords, axe had assaulted Gurunath Ananta Gondhali and others had assaulted the members of the Complainant s group with sticks and stumps. The Applicant was carrying a stick in his hand. No recovery has been made at the instance of the present Applicant. The injuries which were found on person of the deceased are essentially incised wounds. 4. The learned Counsel for the Applicant submits that the other accused have been released on bail by this Court in Criminal Application No.2144 of 2009 by order dated 12.6.2009 (Coram: D.B. Bhosale J.). 5. Shri Saraogi, the learned Counsel for the Complainant, on the other hand, submitted that some of the witnesses had filed writ petition in this Court and had brought to the notice of this Court that some of the persons who were granted bail by this Court had entered the said village and had committed breach of the condition which has been imposed by this Court on them not to enter the village. He submitted that the 1 said matter has now been posted on 8.12.2009 and there was every possibility that the present Applicant also may enter the village and may try to threaten the witnesses and tamper with the evidence. 6. Since only role attributed to the Applicant is that he is holding the stick in his hand and no recovery has been made at his instance, the Applicant deserves to be released on bail on the ground of parity. 7. The Applicant be released on bail in a sum of Rs. 5,000/- with one or two sureties in the like amount. The Applicant, however, shall not enter the village Bamarli, Post Vaklan, Tal. And Dist. Thane during the pedency of the criminal case. He shall give his new residential address to the Superintendent of Jail before he is released on bail and shall report to the nearest police station from his new residence once in a month. If any complaint is received to the Investigating Officer about breach of the condition by the Applicant, the prosecution may apply for cancellation of bail. If any allegation is found by the prosecution against the Applicant, bail is liable to be cancelled. (V.M. KANADE J.)