1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 555/2011 Shrawan s/o Gopi Paroche vs.. The State of Maharashtra through P.S.O. P.S. Ramdaspeth, Dist. Akola 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. C. N. Adgokar, 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 25/06/2011 in Crime No. 68/2010 registered at Police Station Ramdaspeth, Dist. Akola for offence punishable under Sections 147, 148, 149, 302, 341, 120(B), 201, 212, 468, 504 and 506 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act and Section 135 of the Bombay Police Act, has filed this application for bail. 3. The allegation is that the applicant along with seven others committed murder of Amarjeetsingh Royel on 15/04/2011 at about 6.00 p.m. at Akola, on account of previous enmity. 4. Charge-sheet has already been filed in the case. It is revealed from the complaint of Gyansingh and the statement of 2 other witnesses that the accused Manish Bharti assaulted the deceased with 'Katta' on his head, Umesh Lakhan assaulted by means of knife on the stomach, Guddu Rajput assaulted with the help of knife on thigh, Ballu Paroche assaulted him with pipe on his legs and Shrawan (present applicant) assaulted him with knife on his thigh. Badshah Paroche and Jay Paroche allegedly assaulted the deceased on his legs and back, after he fell down. 5. Perusal of the post-mortem examination report reveals that though there is lacerated wound sustained by the deceased on his right thigh, however, there is no injury caused by a knife on the thigh of the deceased. As per the post-mortem examination report, the death was due to head injury with multiple lacerated wounds due to homicidal assault. It is seen that the learned Ad-hoc Additional Sessions Judge, Akola has already released the accused Umesh Lakhan since the post-mortem report does not show any injury on the stomach of the deceased Amarjeetsingh Royel. As far as the applicant is concerned, though there is allegation that he assaulted with knife on the thigh, there is no injury caused with knife on the thigh of the deceased. The respondent has not alleged in the reply that the applicant is previous convict or has bad antecedents. The applicant is Government Servant and is Sarpanch of his community at Akola. According to him, he is suffering from various ailments and requires constant medical treatment. There was an offence registered against the deceased Amarjitsingh for 3 having committed murder of Baiju Paroche but he was acquitted on trial. Considering all the circumstances and more particularly the fact that Umesh Lakhan is already on bail, I am of the view that the applicant is entitled for bail now. 7. The application is, therefore, allowed. 8. The applicant shall be released on bail Crime No. 68/2010 registered at Police Station Ramdaspeth, Dist. Akola for offence punishable under Sections 147, 148, 149, 302, 341, 120(B), 201, 212, 468, 504, 506 of the Indian Penal Code and Section 4 read with Section 25 of the Arms Act and Section 135 of the Bombay Police Act, upon execution of personal recognition bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount under the conditions that he shall not tamper with the prosecution witnesses and shall not leave Akola district without previous permission from the trial Court. Application stands disposed of in above terms. JUDGE Punde.