1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1685 of 2010 Sachin @ Lala Gangadhar Kotpalliwar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Mul, Dist. Chandrapur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.V.Sirpurkar, Advocate for the applicant. Mr. A.S.Parihar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 19 th Novem ber , 2010 . Heard. This is an application filed by the applicant for grant of regular bail in Crime No. 48/2009 for the offence punishable under Section 302, 396, 412, 201 R/w Sec.34 of I.P.C., registered with Police Station, Mul, Dist. Chandrapur Mr. Sirpurkar, learned Advocate for the applicant submits that the applicant is entitled to be released on bail on the ground of parity. He invited my attention to the orders passed by this court in Criminal Application No. 230/2010 (Sunder Rupchand Verma .vs. State) and Criminal Application No. 3515/2009 (Shabbir Khan Pathan .vs. State) by which bail was granted to the applicants, who are co-accused. Learned Advocate further submitted that after considering the nature of allegations levelled against Sunder and Shabbir Khan, it is seen that the allegations levelled against Shabbir Khan are serious one. The allegation against Shabbir Khan is that he has caused murder of the victim namely Sugandh Hanwate. In so far as allegation against Sunder Varma is concerned, it is alleged that he has taken away the truck loaded with cement and sold the cement. 2 Learned Advocate for the applicant submits that insofar as the applicant is concerned, allegation against the applicant is that the applicant along with sunder had sold the wheels of the truck. Except these allegations, there is no other allegation against the applicant. Learned Advocate further submitted that considering the set of circumstances, which is more serious in case of Shabbir Khan and Sunder Verma, this Court had granted bail to them. Learned Advocate has placed copy of the orders dated 07/4/2010 and 06/1/2010 in the matter of Sunder Verma and Shabbir Khan, respectively. The reply is filed by learned APP and opposed the application on the ground that the offence is serious one. An apprehension is expressed that in case of release of applicant, the applicant may not be available to the investigating agency or he may pressurize the witnesses. He, therefore, prayed for rejection of the application. In view of the nature of allegation against the applicant and material available on record, I am of the opinion that the prima facie case is made out for grant of bail to the applicant. The apprehension expressed by learned APP can be taken care of by putting the applicant on certain conditions. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Mul, Dist. Candrapur as and when called by the police. 3 b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Mul, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale