jpc ba451-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.451 OF 2011 Mr. Kailas Mahadeo Nanaware ... Applicant Versus The State of Maharashtra ... Respondent Mr. A. P. Mundargi, Senior Advocate, i/by Mr. Harshad Nimbalkar & Mr. Sachin R. Pawar for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 28th July, 2011 P.C. : 1. Heard Mr. Mundargi, the learned counsel for the applicant and Mr. Saste, the learned APP for the State. 2. The applicant and six others are alleged to have committed murder of one Kanif on 20/5/2011. Except the applicant, all other accused in this case have been released on bail. A reading of the First Information Report and the statements recorded during investigation does not show that the role attributed to the present applicant and to those, who have been released on bail, is different. Mr. Mundargi has pointed out that the learned Additional Sessions Judge, who granted bail to the other accused, has also not opined that the role attributed to the applicant in the incident is different than that attributed to the others. jpc ba451-11.sxw 2 3. My attention is drawn to the order dated 6/9/2010 passed by the learned Additional Sessions Judge, who granted bail to the other accused in this case, but rejected the application of the applicant for bail. 4. The only ground, on which the case of the applicant was distinguished by the learned Judge, is that according to the investigating agency, the weapons used in the commission of the alleged offence were recovered at the instance of the applicant. When the case is that all the accused have taken active part in the incident,this distinction in the case of the applicant and other accused was not so great, in my opinion, so as to treat the applicant in a drastically different manner from the other accused. The others have been released on bail on 6/9/2010 itself. I am informed that the trial has not yet commenced. 5. In the circumstances, I am inclined to release the applicant on bail. 6. The application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one surety in like amount. (A.M. THIPSAY, J.)