1 Cri-A-120-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 120 OF 2011 Pradeep Mahadev Mali ... Applicant (Orig. accused No.6) vs. The State of Maharashtra ... Respondents Mr.Amin Solkar, Advocate, for the applicant. Mrs. P.P. Shinde, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 11th February, 2011. P.C. 1. The applicant, who is accused No.6 in Crime No.45/2010 registered at Uran Police Station, Navi Mumbai, under Sections 302, 307, 120B read with Sections 3 and 25 of the Arms Act, seeks to be released on bail. 2. Prosecution case, in brief, is that on 26.4.2010, three persons went to the garage of Santosh Thakur by motorcycle. Out of them, two persons, who are identified as accused Nos. 4 - Sumed @ Sumit @ Pappu Chandrakant Yerunkar and accused No.5 Rakesh @ Pintya Rames Rane actually fired and killed Santosh Thakur. After that they escaped from the spot on the said motorcycle. Their third 2 Cri-A-120-11.sxw companion, who was driving the motorcycle, is said to be absconding accused Naresh @ Bahari Mandal. The present applicant, Pradeep Mali was arrested on 19.5.2010 because of suspicion as his name had cropped up during interrogation with the accused Nos. 2 and 3. The statement of Prasad Govari recorded on 28.5.2010 gives the details as to how from time to time the conspiracy was hatched at the instance of accused No.1 Satish Patil. It appears that accused No.1 Satish Patil, accused NO.3 Krishna Patil and accused No.4 Sumed @ Pappu wanted to enter in the business of Sludge oil in which Sntosh Thakur was already settled. Said Santosh Thakur did not agree and therefore a conspiracy was hatched to kill him. Statement of Prasad Govari shows that during all those meetings, the present applicant as well as accused No.2 Atul Thakur were also present. 3. Even though the incident had occurred on 26.4.2010, the statement of Prasad Govari showing involvement of the present applicant was recorded for the first time on 28.5.2010. The applicant was not one of the assailants as per the prosecution case. The actual assailants were accused Nos. 4 and 5 and the absconding accused Naresh was their third companion. Accused No.1 Satish, accused No.3 Krishna Patil and accused No.4 Sumed Yerunkar were the main conspirators as they wanted to enter the business of sludge oil. The role of the present applicant does not go beyond his presence in the meetings. The learned 3 Cri-A-120-11.sxw Counsel for the applicant points out that on similar allegation, accused No.2 Atul has been granted bail by this Court by order dated 27.10.2010 and, therefore, on the principle of parity, the applicant may also be granted bail. 4. For the aforesaid reasons, the applicant be released on his executing P.R. of Rs.50,000/- with one or two sureties in the like amount with condition that he shall attend Uran Police Station on every Sunday between 10 a.m. and 1 p.m. till the end of trial. (J.H.BHATIA,J.)