1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 512/2011 Sachin S/o. Mohan Baxare ..Vs.. State of Maharashtra through P.S.O. Imamwada, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. O. K. Masurke, Advocate for the Applicant Mr. N. R. Rode, A.P.P. for the non-applicant CORAM : U.V. BAKRE, J. DATED : 19.9.2011. 1. Heard Mr. O. K. Masurke, learned Advocate for the Applicant and Mr. N. R. Rode, learned A.P.P. for the non-applicant. 2. The applicant, who has been arrested on 03/04/2011 in Imamwada Police Station, Crime No. 48/2011, registered for offence punishable under Sections 143, 147, 148 and 302 read with Section 149 of the Indian Penal Code, Section 4 read with Section 25 of the Arms Act and Section 135 of the Bombay Police Act, has filed this application for bail. 3. The allegation against the applicant is that he along with others assaulted the deceased Guddu Rangari by means of deadly weapons as a result of which he died. 4. As per the reply filed by the respondent, two steel 2 swords, Hattimar knife, knife (khanjar) and gupti have been recovered at the instance of the present applicant under Section 27 of the Evidence Act and, therefore, there is prima facie evidence against the applicant. 5. A perusal of the record reveals that there is one eye- witness by name Amar s/o Uttam Lanjewar who saw the incident of assault. However, subsequently, in the identification parade he could not identify any of the accused persons. It is seen that co- accused persons namely Pravin Mohan Baxre, Dipak Bhagawandas Gujar have been already released on bail by the learned Sessions Judge, Nagpur. The present applicant is also not identified by any one and therefore he is entitled for bail on the ground of parity. 6. In the result, the application is allowed. 7. The applicant shall be released on bail in the said crime no. 48/2011, upon execution of personal bond in t he sum of Rs. 25,000/- with one solvent surety in the like amount under condition that he shall not tamper with or pressurize the prosecution witnesses. Application stands disposed of. JUDGE Punde.