0704appa192.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) No.192 of 2011. in CRIMINAL APPEAL NO.786 of 2008. Bhartari Kailash Baheliya ..vs.. State of Maharashtra. ------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------- Mr.R.M.Daga, Adv. for the applicant. Mr.D.B.Yengal, APP for the respondent/State. CORAM : MRS.V.K.TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATED : 7th APRIL, 2011. 1. Heard the learned counsel for the applicant – original accused no. 1 and the learned APP for the State. 2. The applicant along with others has been convicted under Section 302 R/w 149 of the Indian Penal Code. The applicant – original accused no.1 is now seeking bail. 3. The learned counsel for the applicant submitted that original accused no.2 – Mohd.Imran and original accused no.3 Babu @ Navshad have been released on bail by the court and the case of the applicant stands on the same footing as that of Mohd. Imran and Navshad hence, the applicant be 0704appa192.11.odt 2/2 released on bail on the ground of parity. As far as actual incident of assault is concerned, the case of the applicant stands on the same footing as that of original accused nos. 2 and 3. In this view of the matter, we are inclined to grant bail. Hence, the following order. The applicant – original accused no.1 be released on bail on furnishing P.R. Bond in the sum of Rs.25000/- with one or more sureties to make up the amount. The applicant shall stay out of Gondia District for a period of six months. Before being released on bail, the applicant shall inform the concerned Police station the address at which he will reside during the period of bail. Any change in address to be intimated a week in advance to the concerned Police Station. The applicant shall report once in a week to the closest Police Station to that address, till disposal of the appeal. JUDGE JUDGE chute