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.1882 OF 2009 Santosh Sopan Shinde .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Rajeev Patil i/b V.V.Purwant for the applicant. Mr.J.P.Yagnik A.P.P. for the State. Mr.D.W.Bhosale for the original complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 6TH MAY, 2009. DATED : 6TH MAY, 2009. DATED : 6TH MAY, 2009. P.C.: . Heard learned counsel for the applicant, learned counsel for the complainant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.14 of 2008 of Alandi police station, Pune. The said crime has been registered against the applicant and 13 others for having allegedly committed an offence punishable under sections 302, 307, 326, 143, 147, 148, 149 of IPC. 3. It is the case of the prosecution that on 18.7.2008 at 7.30 pm t he present applicant and 13 others allegedly assaulted the deceased - Kaluram by means of sharp edged weapons, which the accused were armed with at the relevant time. Insofar as the 2 2 2 present applicant is concerned, at the relevant time, he was armed with sword. It is alleged that he alongwith Sagar Yelawade started assaulting the deceased - Kaluram and, thereafter the other accused also assaulted the deceased and the witnesses. 4. Mr.Patil, learned counsel for the applicant invited my attention to the FIR lodged by Sagar Yelawade and the order of Sessions Court dated 6.3.2009 by which Sagar Yelawade has been released on bail. It appears that Sagar Yelawade lodged a cross complaint bearing C.R.No.15 of 2008. There was a fight between the two groups in which the present applicant also sustained injuries. I have perused the injury certificate of the applicant (Santosh Shinde). He sustained only one injury and that too simple in nature. Even the other two persons from the group of the applicant sustained one simple injury each. 5. Insofar as the order dated 6.3.2009, by which Sagar Yelawade came to be released on bail, is concerned, I am really surprised to read the order. The learned Judge, in such a serious crime wherein specific allegations were made against Sagar Yelawade, granted bail without entering into the merits of the case. The order, which is running into 7 paragraphs, does not make any reference to the statements of eye 3 3 3 witnesses. He has simply observed that the charge-sheet has been filed and that all accused in C.R.15 of 2008 have been released on bail. He has further relied upon a quotation from the judgment of the Apex Court and has observed that in view of the observations made by the Supreme Court he was convinced that the applicant (Sagar Yelawade) was also entitled to be released on bail. This is the second order, I have come across during last one month of the very same learned Judge (P.R.Bora, Incharge Additional Sessions Judge, Pune) granting bail to the accused, for the reasons best known to him, without discussing merits of the case. In my opinion, such order cannot be relied upon for claiming parity. I am satisfied that this is not a fit case to enlarge the applicant on bail. Hence the application is rejected. . 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 uninfluenced by the observations made in this order. . The application is disposed of. . The Registrar Judicial is directed to place a copy of this order before the Hon’ble Chief Justice for his information. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)