1 Cri.A.4442.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4442 OF 2011 Sanya @ Sameer S/o Ismail Pathan Age : 23 Years, Occup.: Labour R/o Mhade Complex, Civil Hudco, Ahmednagar. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri.N.V.Gavare Advocate for Applicant. Shri.D.R.Kale, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 29TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The present applicant is arrested in Crime No. I-125 of 2011 of Tophkhna Police Station Ahmednagar for the offence punishable under sections 302 and 201 read with section 34 of the Indian Penal Code. In the FIR present applicant has not figured. However, other witnesses have named the present applicant as person concerning the occurrence. The statements of the persons, such as Amol etc. go to indicate that present 2 Cri.A.4442.11 applicant had given fists and kick blows to the deceased by name Raju. 3. Co-accused Ganesh, who is similarly placed with present applicant has been granted bail in Criminal Application No. 3854 of 2011. Learned counsel for the applicant submitted that on the principle of parity present applicant is entitled to bail. 4. Learned Assistant Public Prosecutor opposed the application on the ground that positive role is attributed to the present applicant, Hence application should be rejected. 5. On the principle of parity the present applicant would be entitled to bail, as mentioned aforesaid, hence following order is passed: (i) Bail application is granted. (ii) It is hereby ordered that the applicant be released on bail Crime No. I-125 of 2011 of Tophkhna Police Station Ahmednagar in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall execute P.R. bond 3 Cri.A.4442.11 of sum of Rs.15,000/-(Rupees Fifteen Thousand). (ii) The applicant shall report the concern Police Station on every second Saturday of the month between 11.00 a.m. to 4.00 p.m. for a period of six months Sd/- [ R.Y.GANOO, J. ] MTK