*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3856/2009 Ramchandra Hendar Bhoir. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Sandesh Patil, Advocate for the Applicant. Ms.S.D.Shinde, A.P.P., for the Respondent/State. Mr.Satish Mishra, Advocate i/b Mr.A.M.Saraogi & Mr.Priyatosh Tiwari, Advocates for the intervener/original Complainant. ............... CORAM: A.P.DESHPANDE, J. Dated 25th September, 2009. PC:- 1 Heard. 2 On oral request made by the learned counsel for the original Complainant, he is also heard in the matter. 3 The present application has been moved for bail under Section 439 of the Code of Criminal Procedure. The present application is pressed in service mainly on the ground of parity with the Applicant in Criminal Application No.1212/2009 by name Dilip Kanha Pawse who has been granted bail by this Court by the order dated 22.04.2009. 4 Crime No.I-171/2008 has been registered with Shil- Dighar Police Station, district Thane against the present Applicant and other co-accused for commission of the offences punishable *2* under Sections 302, 307, 325, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code and Sections 4 & 27 of the Arms Act and Sections 37(1) and 135 of the Bombay Police Act. Including the present Applicant, there are other 35 co-accused. 5 The name of the present Applicant does not figure in the First Information Report. One of the witnesses/injured by name Pandit Baburao Gondhali alone has referred to an overt-act on the part of the present Applicant and the same is to the effect that the present Applicant has assaulted the said witness by a wooden stump on his thigh. The corresponding medical certificate reveals that there is only one simple injury on hip of the said witness/injured. The said witness also stated that Dilip, who has been granted bail by this Court and with whom the present Applicant is claiming parity, has also allegedly given a stick blow on the back of the said injured. 6 In that view of the matter, the learned counsel for the Applicant submits that the role assigned to Dilip so also to the present Applicant is similar and the injury is allegedly caused on account of an assault by stick or stump. 7 The learned APP does not dispute that the role assigned to the present Applicant and Dilip is similar with the only difference that Dilip has allegedly assaulted on back with stick whereas the Applicant has allegedly assaulted with stump on the thigh of the witness who has sustained only one simple injury on hip. 8 In that view of the matter, I am of the view that the Applicant is entitled to be released on bail on the ground of party with Dilip. In the result, I pass the following order:- (a) The Applicant shall be released on bail on execution of a *3* personal bond in a sum of Rs.10,000/- with one or two sureties in the like amount subject to conditions that the Applicant shall not enter village Babharli with the jurisdiction of Shil-Dighar Police Station for a period of three months from today and thereafter, he shall report to the concerned Police Station on every Saturday in between 10:00 to 11:00 am till the conclusion of trial. (b) The Applicant shall inform his new address to the concerned Police Station where he proposes to stay during the aforementioned period of three months and shall report to the nearest Police Station from the place of his new residence on every Saturday in between 10:00 to 11:00 am. (c) The Application is allowed and disposed of accordingly. -sd- (A.P. Deshpande, J)