1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1559 OF 2010 (Gopal Eknathji Parteki .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.M. Rizwy, Advocate for the applicant. Shri A.S. Parihar, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 18TH OCTOBER, 2010. Heard. By way of present application, the applicant is seeking regular bail in Crime No. 18/2010 registered with the Police Station, Kharangana, District Wardha for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Learned Counsel for the applicant submits that bare perusal of the record would show that the complainant has expressed suspicion against the applicant and there is no other material except the suspicion against the applicant. He further invites my attention to the order passed by this Court in the Criminal Application No. 1155 of 2010 on 13th August, 2010 and submits that as the other accused are released on bail by this order, the applicant is also entitled to be released on bail on the ground of parity. Reply is filed by the learned APP and the record is also produced. Perused the reply and the record. The record reveals that initially the accidental death was registered and thereafter the statements came to be recorded. In the statement of one Pramod Uikey recorded by the investigating agency, it is stated that on the day of incident at about 6 o’ clock, the witness had seen the deceased in the company of the applicant sitting in one auto. Soon after the observation of this witness, after gap of 15 to 20 minutes, he found the victim was lying on the road and blood was oozing from his nose and mouth. The record further discloses 2 that the investigating agency has recovered one weapon i.e. iron rod at the instance of the applicant Gopal. The Postmorten Report shows that the victim received three injuries namely head injuries. The report further discloses that at the time of admission in the Kasturba Hospital, Sewagram, Therapeutic Craniotomy was done. The victim took discharge against medical advice and then admitted to IGGMC, Nagpur and it was diagnosed as “Head Injury with sub dural haemotoma”. From the record produced before me, I am of the opinion that there is prima facie material to show that the deceased was lastly seen in the company of the applicant. Though Shri Rizwy, the learned Counsel for the applicant submits that he is claiming bail for the applicant on the ground of parity, it is not in dispute that there was no recovery at the instance of Punwanta Salam; whereas there is recovery at the instance of this applicant. In view of the record produced by the learned APP, I am of the opinion that the set of circumstances against the applicant is different from the set of circumstances of other accused Punwanta Kalam and I am of the opinion that there is prima facie material against the applicant. In the result, the applicant is rejected. JUDGE *rrg.