1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4180 OF 2008 Sangram Dilip Gholap .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.P.G.Sarada for the applicant. Mrs.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.68 of 2008 of Kothrud police station, Pune. The said crime has been registered against the applicant and eleven others for having allegedly committed an offence punishable under sections 302, 120-B, 143 to 149 of the IPC r/w section 4, 25 of the Arms Act r/w 135 of the Bombay Police Act. 3. The prosecution case is that on 7.2.2008 at 2.45 - 3.00 p.m., the present applicant alongwith eleven others mercilessly assaulted the deceased - 2 2 2 Sandeep and committed his murder. This incident was witnessed by 6-7 persons out of which Avinash Shilimkar alone has named the present applicant. Avinash has stated that when other accused were actually assaulting the deceased with the weapons in their hand the present applicant was instigating them to kill the deceased. From the statement of Avinash it cannot be stated that the applicant also assaulted the deceased. Moreover, none of the other eye witnesses has named the applicant and attributed any overt act to him nor have they stated that any unknown person was instigating the other accused to kill the deceased. In the backdrop of these facts Mr.Sarada, learned counsel for the applicant submits that the applicant is entitled for bail on parity with two accused i.e. Kuldeep Bandal and Lala Pavle. These two accused have been released on bail by this court vide order dated 14.11.2008. There doesn’t appear to be any difference between the role assigned to the present applicant and to the accused - Kuldeep Bandal and Lala Pavle. Learned A.P.P. also does not dispute the submissions of the learned counsel for the applicant, insofar as the ground of parity is concerned. In the circumstances I am inclined to enlarge the applicant on bail. Hence the following order: 3 3 3 . The applicant be released on bail in the sum of Rs.40,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 10.00 a.m. and 11.00 a.m. till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)