1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2825 OF 2009 Nakul Kashinath Bhoir .. Applicant Vs State of Maharashtra .. Respondent Mr. R.D.Suryawanshi, Advocate for the Applicant. Mr. J.P.Yagnik, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 09/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C. R. No. I-360 of 2008 of Manpada police station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 302, 307, 326, 324, 353, 143, 147, 148, 149, 452, 427, 504 of IPC, under section 37 (1) and 135 of the Bombay Police Act and section 3 of the Public Property Damage Act. 3. There was a fight between the two groups in which two T 2 persons, namely, Omprakash Dubey and Mayur Dubey died from the complainant's side, while Gurunath Bhoir died from the applicant's side. Insofar as the instant C. R. is concerned, it has been registered against nine known and about 15-16 unknown persons, while the C. R. against the complainant and the persons belonging to his group has been registered against five persons. Mr Suryawanshi, learned counsel for the applicant, at the outset, invited my attention to the order dated 23.4.2009 in Criminal Application No.980 of 2009, enlarging one Moreshwar Shivram Bhoir on bail and submitted that there is absolutely no difference between the role attributed and allegedly played by that accused and the present applicant and, therefore, the present applicant is entitled for bail on parity. On last occasion, I had directed the learned APP to verify from statements of various witnesses referred to in the order and also from the chargesheet to find out whether the present applicant is entitled for bail on the ground of parity. Mr Yagnik, learned APP, fairly submitted that the present applicant is entitled for bail on parity. In view thereof, I am inclined to grant bail to the present applicant on the ground of parity. Hence, the following order. The applicant be released on bail in the sum of Rs.35,000/- with one or two sureties in the like amount subject to the 3 conditions that the applicant shall not enter the jurisdiction of Manpada police station for a period of three months from today and thereafter he shall report to the concerned police station on every Wednesday and Saturday between 10 and 11 am for a period of six months therefrom. After six months the applicant shall report to the concerned police station only once a week, i.e. on every Saturday between 10 and 11 am till conclusion of the trial. The applicant shall inform his residential address to the concerned police station where he proposes to stay during the period of three months and shall report to the nearest police station from the place of his residence on every Saturday between 10 and 11 am. 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. Application is disposed of. (D. B. Bhosale, J.) 4