1 Criminal Application No.506/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.506 OF 2011 Ram s/o Kanhiram Aadhe ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for applicant Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 28th February, 2011 PER COURT : 1. Heard Mr. Chatterji. The accused/ applicant Ram s/o Kanhiram Aadhe, in custody from 3.7.2010, in Crime No.I-113/2010, registered at Mantha Police Station, seeks release on bail. 2. Learned counsel submits, the role attributed to the accused/ applicant is possessing a sword, none of the witness have named him and the recovery of sword, if taken to its logical end, does not involve blood stains as established from C.A. report. The counsel submits that the role attributed in the offence to one Ramesh Ambadas Jadhav is identical to the present accused/ applicant and since said Ramesh Ambadas Jadhav is released on 11.2.2011 by this Court, principles of parity will also come into play. 2 Criminal Application No.506/2011 3. With the assistance of learned A.P.P., I have gone through the investigation papers. In the statement of Gajanan, in the statement of driver, and Savita also of the complainant Smt. Shashikalabai, there is virtually no reference to the accused/ applicant to be a person in the unlawful assembly, who had come prepared to eliminate Shankar. Shankar was dragged from his house, in retaliation of earlier incident of 25.6.2010 and carried to a secluded place where he was brutally battered, his leg was amputed and he succumbed to the injuries. The jeep driver named the persons, however, as stated above, he does not name the accused/ applicant. 4. The recovery of the sword at the instance of the accused/ applicant is from near bushes at road side in the area. As stated above, the said sword is not indicated to have any blood stains. The accused/ applicant resides in the same village. At this stage there appear no reasonable ground for believing that he has been guilty for an offence for which he is prosecuted. At the most, care can be taken to reel out the threat perception to the complainant and other witnesses. Hence order : O R D E R (i) The accused/ applicant Ram s/o Kanhiram Aadhe be released on executing P.R. bond and surety in the sum of Rs.25,000/- 3 Criminal Application No.506/2011 (Rupees twenty five thousand) in Crime No.I-113/2010, registered at Mantha Police Station, District Jalna. (ii) The accused/ applicant, after his release, shall not stay in the vicinity of Mantha taluka till conclusion of trial and shall furnish his fresh address with contact number. (iii)The accused/ applicant shall attend the Court proceedings scrupulously. He will not tamper or coerce the prosecution witnesses, and in particular the rival group. Application allowed in above terms. K.U. CHANDIWAL JUDGE fmp/cri506.11