1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 508 OF 2010 IN CRIMINAL APPEAL NO.55 OF 2008 Bharat s/o Baburao Gavhane ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr S.B. Talekar, Advocate for the applicant; Mr K.J Ghute Patil, A.P.P. for the respondent. CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATE : 24th February, 2010 PER COURT : This is an application filed by the applicant seeking the suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. The applicant has filed Criminal Appeal No.55 of 2008. The applicant stands convicted for an offence punishable under section 302 read with sec. 34 of the Indian Penal Code and is sentenced to imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine to undergo further R.I. for two 2 years. The applicant also stands convicted for an offence punishable under section 302 read with sec. 34 of the Indian Penal Code with a similar sentence. The applicant also stands convicted for an offence punishable under section 307 read with sec. 34 of the Indian Penal Code and is sentenced to R.I. for seven years and to pay a fine of Rs.10,000/-, with a default condition of undergoing further R.I. for two years in the event of non payment of fine, by the District Judge-1 & Additional Sessions Judge, Shrirampur, by judgment dated 26.12.2007 in Sessions Case No.43 of 2002. 2. At the outset, Shri S.B. Talekar, learned Counsel for the applicant has invited our attention to the order passed by the Division Bench of this Court in Criminal Application No.1061 of 2008 and Criminal Application No.1062 of 2008, dated 3.7.2008, filed at the behest of the other two accused. The Division Bench allowed both the applications and directed the suspension of substantive sentence of imprisonment and ordered the enlargement on bail of the applicants therein on the applicants furnishing a P.R. bond in the sum of Rs.20,000/- each with one surety in the like amount and as a condition precedent to deposit the fine amount. The Division Bench of this Court further directed the Sessions Judge to fix at least one date per quarter for appearance of the applicants therein before his Court till the final disposal of Criminal Appeal No.55 of 2008, i.e. appeal filed by the applicants therein. 3 3. It is the contention of the learned Counsel for the applicant that the evidence against the present applicant is identical to the evidence against the two accused who have been released on bail. It is, therefore, urged before us that on account of the principle of party the applicant would be entitled to be released on bail. The learned A.P.P. concurs with the submission of the learned Counsel for the applicant that the evidence against the present applicant is identical to the evidence/circumstances appearing against the two applicants who have been granted bail by the Division Bench of this Court by its order dated 3.7.2008, In that light of the matter and since no reply has been filed by the respondent-State urging any specific grounds for denial of bail to the present applicant, according to us the present application deserves to be allowed. 4. Accordingly the present application is allowed and the applicant Bharat s/o Baburao Gavhane is released on bail by suspending the substantive sentence of imprisonment and he is ordered to be released on his furnishing a P.R. Bond in the sum of Rs.20,000/- with one surety in the like amount. The applicant, as a condition precedent to his release on bail, shall deposit the amount of fine in the Trial Court. Bail shall be furnished before the Trial Court. The Sessions Judge shall fix at least one date per quarter for appearance of the applicant before his Court till the final disposal of the present Criminal Appeal and other connected appeals. The Sessions Judge shall preferably fix the date for appearance of the present applicant which would coincide with the dates 4 given to the other accused who have been released on bail. 5. Perusal of the record discloses that the paper-book in the present appeal is ready. In that light of the matter, therefore, though all the accused in the present appeal stand released on bail, we direct that the appeal be listed for final hearing in the week commencing from 12th April, 2010. Application allowed accordingly. Hamdust be granted to the learned Counsel for the applicant. (SHRIHARI P. DAVARE, J.) ( P.V.HARDAS, J.) amj/criap508.10