1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 313 OF 2011 ( Sheikh Wasim @ Bhurriya Sk. Imam Bhavaniwale Vs. State of Maharashtra PSO PS Washim) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri R. S. Kurekar Adv for applicant. Shri D. B. Patel APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 28th JUNE, 2011. . The applicant who is involved in Crime No. 70 of 2009 registered at Police Station Washim under Section 147, 148, 149, 324, 307, 302 and 504 of Indian Penal Code has filed this application for grant of bail. Incident occurred on 04.03.2009 in Washim. It is alleged that the present applicant along with three others had an altercation with the deceased and his two friends. There after one Nitin and deceased Santosh were beaten. Nitin sustained knife injury on his back and the right cheek. Present applicant dealt blow of knife on the abdomen of the deceased-Santosh. He fell down. Firstly, he was brought to the Police Station and from there 2 he was removed to the hospital. On 08.03.2009 he succumbed to the injuries. After this incident the present applicant absconded. The cause of death mentioned in the postmortem report is stab injury over abdomen with perforation of peritonitis. The contention of the learned counsel for the applicant that other accused persons have been released and therefore on the ground of parity the present applicant is entitled to be released on bail, has been rightly dealt with by the learned Additional Sessions Judge in his order dated 30.03.2011. In the first information report it is categorically mentioned that this applicant no.4 dealt knife blow on the abdomen of the deceased, which ultimately resulted in his death. Considering the involvement of the applicant in the offence punishable under Section 302 of Indian Penal Code, he cannot be released on bail. Bail application is thus rejected. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.