IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1358 OF 2008 IN CRIMINAL APPEAL NO.977 OF 2007 Amit Namdeo Patil ...Applicant/ (Ori.Accd.No.4) V/s. The State of Maharashtra ...Respondent (Lanja P.S.; C.R.No.55/2006) (Ori.Complainant) ...... Mr.Yug Mohit Chaudhry for Applicant. Mr.J.P.Yagnik, A.P.P. for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 13, 2009. JANUARY 13, 2009. JANUARY 13, 2009. P.C. 1. Heard Counsel for the Applicant and the learned A.P.P. 2. I find substance in the argument of the Applicant that since the other accused have been released on bail, the Applicant deserves to be granted parity. Out of the other accused at least two were identified by the witnesses. Inspite of : 2 : that, this Court thought it appropriate to release the said accused on bail. Moreover, the role of other accused was direct, whereas, the Applicant is alleged to be driving motor cycle at the relevant time and spot. Indeed, in my order dated 11th April 2008, I have dealt with this aspect. In the same order, the Applicant was granted liberty to file fresh application if the Appeal was not ripe for hearing by end of March 2009. However, as the other accused involved in the offence have been granted bail, coupled with the fact that the discrepancy in the operative order of the Judgement passed by the Court below and the reason recorded in paragraph 33 is brought to my notice at the hearing of this Application, and if that contention is to be accepted, the Applicant will have to be proceeded only for offence punishable under Section 395 of the Indian Penal Code. Besides, the Applicant has already undergone around two and a half years of sentence awarded by the lower Court. 3. Taking overall view of the matter, the Applicant is ordered to be released on bail on the following conditions: : 3 : (1) The Applicant/accused No.4 Amit Namdeo Patil be released on bail on furnishing surety in the sum of Rs.5,000/- with one or two sureties in the like amount to the satisfaction of the Sessions Court, Ratnagiri in relation to offence referred to in S.C.No.4/2007 for which the Applicant was tried by the Ratnagiri Sessions Court. (2) The Applicant shall report to Trombay Police Station, once in a month on 1st Monday of every English Calender month between 10.00 a.m. to 1.00 p.m. The Applicant shall notify his place of residence to the said Police Station. 4. Application disposed of on the above terms. A.M.KHANWILKAR, J.