1 Cri.A.4717.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4717 OF 2011 Aba Madhu Shirsagar, R/o Anakwadi, Tq. & Dist. Dhule. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.Joydeep Chatterji, Advocate for Applicant. Shri.K.S.Patil, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 30TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant is arrested in Crime No. 266 of 2011 registered with Dhule Taluqa Police Station, District Dhule, connection with occurrence which is said to have taken place on 27.07.2011. FIR placed on record discloses involvement of as many as ten persons including the present applicant. It is pertinent to note that present applicant is alleged to have assaulted Sharad Khile with Axe. The present applicant had applied for bail before the learned Additional Sessions Judge at Dhule. That bail 2 Cri.A.4717.11 application was rejected. Co-accused Pitamber Daulat had applied for bail along with present applicant, being Criminal Application No. 619 of 2011. The said Pimtamber Dault is attributed role namely assaulting Hilal More with Koyata on his head, below knee, on the waist as well as left wrist and shoulder. This Pitamber is granted bail by an order dated 08.09.2011, by the learned Additional Sessions Judge Dhule. Learned counsel Mr. Chatterji submitted that if co-accused Pitamber is granted bail, the present applicant is entitled to bail on the principle of parity as role attributed to Pitamber is more serious than role attributed to Aba. 4. In the normal course this Court would have been justified in ignoring the order dated 08.09.2011, passed by the learned Additional Sessions Judge, by which the application for bail was simply rejected. However, in the present case though the case is more serious against the other applicants, they have been granted bail. This Court has to consider the prayer for bail on principle of parity. The certified copy of the bail application No. 619 of 2011, filed by present applicant and others before the learned Additional Sessions Judge and the order passed the learned Sessions Judge, Dhule dated 08.09.2011 was made available by the learned advocate for perusal. The same is taken on record and marked as Exhibit 'A" for identification. I have perused the bail order dated 08.09.2011. The 3 Cri.A.4717.11 said bail order discloses on what basis the learned Additional Sessions Judge come to the conclusion that the bail application of the applicants other than Aba should be granted. There is no appropriate discussion, however, a one line observation is made that the present applicant Aba assaulted Sharad Khile by Axe to reject the bail application. As mentioned above, on the principle of parity this applicant can be granted bail. Hence the following order: (1) The application is granted. (i) It is hereby ordered that applicant be released on bail, in connection with in Crime No. 266 of 2011 registered with Dhule Taluqa Police Station, District Dhule, in the sum of Rs.15, 000/-(Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs.15,000/-(Rupees Fifteen Thousand). (ii) The applicant shall report the concerned Police Station on every second Sunday from 11.00 a. m. to 4.00 p. m. for a period of six months from the date of order. . Sd/- [ R.Y.GANOO, J. ] MTK 4 Cri.A.4717.11 1. Heard. 2. After some argument, learned counsel for applicant requested for withdrawal of the present Application. Request is granted. The Criminal Application stands disposed of as withdrawn. c1. This is an application under section 301(2) of the Code of Criminal Procedure seeking leave of the Court to allow the applicant to assist learned APP, in opposing Criminal Application NO. 4708 of 2011 . 2. Heard learned counsel for the parties and for the reasons stated in the application, the same is allowed in terms of prayer clause [B].