IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO. 482/2008 Eknath Chavan ..vs.... State =================================== CORAM: S.R. DONGAONKAR, J. DATE:18.2.2008 Heard Mr. Thakkar, Advocate for applicant and Mrs. Thakre, A.P.P. for state. This is an application u/s 439 of Cr.P.C. for grant of bail. The applicant and some other 17 persons are facing proseuction for the offences punishable u/s 302, 307, 324, 323, 148, 149 of IPC r/w 4, 25 of Arms Act arising out of crime no.32/2007 of P.S. Janefal. Learned counsel for the applicant has submitted that the applicant was allowed to withdraw the application for bail earlier and he was granted liberty to move such application after the period of three months. According to him later on one other accused namely Bodge was released on bail by this Court and the case of the applicant is similar to that of him and so on the basis of parity he should be released on bail. On perusal of the FIR it appears that the applicant along with others was possessing stick and he had given blow to Suresh by stick. It is also submitted by learned APP that a stick has been recovered at the instance of the present applicant. It is pertinent to note that fatal injury on the deceased seems to have been caused by other accused. Applicant does not seem to be the author of the fatal injury to the deceased. It does appear that applicant had allegedly assaulted Suresh by stick. However, the injuries caused to said Suresh are not fatal. As the other similar accused namely Bodge has been released on bail and as there are no sufficient reasons to refuse bail to the applicant, he can be released on bail. The applicant be released on bail on furnishing surety and PRB of Rs.25000/- to the satisfaction of the trial Judge subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall keep his address known to the P.S.O. Janefal till the trial is over. Application stands disposed of. JUDGE smp.