1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 531/2011 Bunty @ Mahendra Bhimrao Borkar V/s. State of Maharashtra through P.S.O. P.S. Ranapratap Nagar, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Ashwin Wasnik, Advocate for the Applicant Mr. N. R. Rode, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 11.10.2011. 1. Heard learned counsel for the parties. 2. The applicant, who has been arrested on 16/01/2011 in Crime No. 17/2011 registered at Ranapratap Nagar Police Station, Nagpur for offence punishable under Sections 143, 147, 148, 149 and 302 of the Indian Penal Code, has filed the present application for bail. 3. The charge-sheet has already been filed and the case has been committed to the learned Ad-hoc Additional Sessions Judge, Nagpur. 4. Case of the prosecution is that on 16/01/2011, the deceased was proceeding on motor-cycle, when he was obstructed by the present applicant and, thereafter, the applicant and 4 other persons assaulted him with iron rod, stones etc. and caused his death. 2 5. It is seen that all the other co-accused have been already released on bail. By order dated 08/08/2011, the learned Ad-hoc Additional Sessions Judge, Nagpur rejected the bail application of the present applicant by stating that the applicant is the main accused. Merely because the applicant had pulled down the deceased from the motorcycle, he cannot be termed as main accused. The allegation is common against all the accused of having assaulted the deceased with iron rod, stones etc. Therefore, on the ground of parity, the present applicant is entitled for bail. 6. In the result, the application is allowed 7. The applicant shall be released on bail in Crime No.17/2011 of the Ranapratap Nagar Police Station, Nagpur registered for offence punishable under Sections 143, 147, 148, 149 and 302 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs. 15,000/- with one solvent surety in the like amount under conditions namely: (i) He shall not tamper with the prosecution evidence. (ii) He shall not indulge any offence during pendency of the trial of this case. (iii) He shall not leave India without previous permission of the trial Court. 8. Application stands disposed of accordingly. Hamdast allowed. JUDGE Punde.