APPA. 1497-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1497 OF 2011 IN CRIMINAL APPEAL No. 3 OF 2010 Sudam Sopan Ingale ... Applicant (Orig. Accused No.3) Vs. State of Maharashtra ... Respondent *** Mr. Ganesh Gole i/b R. R. Shelke, for the Applicant. Mr. P. S. Hingorani, APP for the Respondent. *** CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : DECEMBER 15, 2011 PC: 1. Heard the learned counsel appearing on behalf of the applicant and the learned APP for the respondent-State. This is an application for bail. The applicant has been convicted for the offences punishable under Section 302 read with section 149 of I. P. C. by the trial court and sentenced to suffer rigorous imprisonment for life. 2. The prosecution case is that the applicant along with others assaulted the deceased with a scythe. It is submitted by the learned counsel for the applicant that no role has been attributed to the APPA. 1497-11 - 2 - present applicant. It is submitted that other co-accused i.e. Shahaji Laxman Ingale against whom similar allegations were made, has been released on bail by this Court in Criminal Application No. 73 of 2011 by order dated 22nd February, 2011 [Coram : B. H. Marlapalle & U. D. Salvi, JJ.] and another accused – Ankush Laxman Ingal was released on bail in Criminal Application No. 322 of 2011 released on bail by the same Bench by an order dated 8th March, 2011. It is further submitted that two other co-accused namely Hanmant Ingale & Laxman Ingale against whom criminal role is attributed by the complainant, have been directed to be released on bail by the Apex Court by an order dated 9-12-2011 in Special Leave to Appeal (Cri.) No. 8110 of 2011. It is submitted that therefore the applicant also be released on the ground of parity. 3. We have perused the deposition. Though the complainant himself mentions that the applicant also assaulted the deceased with scythe, since similar allegations are made against two other accused, have been released on bail by the Apex Court by its order dated 9-12-2011 by this Court; so also other co-accused have been released on bail by this Court [Coram : B. H. Marlapalle & U. D. Salvi, JJ.] by the orders dated 22-2-2011 and 8-3-2011, we have no other option but to grant bail on the ground of parity. 4. The applicant, therefore, be released on bail, on execution of P. R. bond in a sum of Rs. 15,000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. It is, however, clarified that if a complaint of APPA. 1497-11 - 3 - harassment by the applicant is received, the prosecution is at liberty to file immediately an application for cancellation of bail. . Criminal application is accordingly disposed of in the aforesaid terms. [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]