1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 384 of 2010 [Sartaj son of Madhukar @ Dongru Rangari Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.M. Daga, Adv., for the applicant. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 17th March, 2010. 1. This is an application for bail by accused – Sartaj, who is one amongst the five accused involved in Crime No. 160 / 2009 registered at Tiroda Police Station for offences under Sections 147, 148, 302, 323 read with Section 149 of Indian Penal Code. 2. Heard. 3. Admittedly, all accused, except present applicant, are released on bail. 4. The application for bail contains following statement:- 2 “5. That, the perusal of statements dated 28.07.2009 and 30.07.2009 of complainant Kalabai would reveal that it was accused Sudhakar @ Sudhir Gose, who had given blow of stick on the head of deceased. That, admittedly, the said accused Sudhakar @ Sudhir Gose has been released on bail by learned Trial Court.” 5. In support of this statement, learned Adv. for the applicant has pointed out that eye- witness Kalabai widow of Mahadev Bisen has stated before police in her statement that Sudhakar Gose gave a blow of stick on the head of Sunil, the deceased. He fell down and bleeding started from his ear. 6. In her supplementary statement, Kalabai reiterated assault by accused Sudhakar, and has indicated assault by other accused on other parts of body. 7. Copy of Post-mortem Report indicates reason of death to be head injury. 8. The situation that emerges is that the main accused who is the author of fatal assault has been released on bail. 9. On the principle of parity, present applicant, whose role is lesser in gravity, therefore, deserves grant of bail. 10. In the result, application is allowed. 3 11. Applicant be released on bail on furnishing a personal bond and a solvent surety in a sum of Rs.25,000-00 [rupees twenty-five thousand only]. Judge |Hedau|