(1) Criminal Application No. 3548 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3548 of 2011 Anand s/o. Baburao Vithate, Age : 45 years, Occupation : Agriculture, .. Applicant R/o. Kedgaon, Ahmednagar. (Original accused) versus The State of Maharashtra, Through Police Station Officer, Parner Police Station, Parner, District : Ahmednagar. .. Respondent. ....................... Mr. N.V. Gaware, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 25TH AUGUST 2011 COURT'S ORDER : 1. Perused the investigation papers which were made (2) Criminal Application No. 3548 of 2011 available for inspection purpose, as well as, heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. I-98/2011, registered at Police Station, Parner (District : Ahmednagar), for the offences punishable under Sections 307, 452, 324, 323, 143, 147, 148, 149, 379, 380 and 504 of Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint lodged by one Jayram Bhausaheb Chaudhary on 23-5-2011, in respect of the occurrence of the incident on 18-5-2011. Apparently, although the alleged incident occurred on 18th May 2011, the complaint came to be lodged by a delay of five days i.e. on 23rd May 2011, and no plausible explanation has been given for the said delay. 4. Apart from that, it is alleged that the applicant and co- accused persons, including Ganesh, assaulted the complainant during occurrence of the incident, and although it is alleged that the co-accused Ganesh assaulted on stomach of the complainant by knife, and gave a bite on the back of the complainant, he has been granted bail by the learned Sessions Court by order dated 14-6-2011, but the applicant, whose alleged role in the occurrence of the incident is of lesser degree, that he assaulted (3) Criminal Application No. 3548 of 2011 the complainant by wooden log, his bail application came to be rejected by the learned Sessions Court on 26th July 2011. 5. It is also alleged that the co-accused Ganesh robbed the amount of Rs. 1,10,000/-, but there are no such allegations against the applicant in respect of any robbery. Moreover, there are allegations against co-accused Ganesh that he threw chilly powder on the face of the complainant, but there are no such allegations against the applicant herein. There are also allegations against the co-accused Ganesh, that he instigated other two accused to assault the complainant, but there are no such allegations against the applicant herein. Hence, it is apparent that the role ascribed to the applicant herein is of lesser degree compared to the role ascribed to the co-accused Ganesh, in the occurrence of the incident, and the said Ganesh has been enlarged on bail, as aforesaid, and hence, rule of parity requires that the applicant also be enlarged on bail. 6. Besides, learned Counsel for the applicant has pointed out that the alleged offence is registered on 23-5-2011 under Section 307 of IPC, and the applicant was arrested on 4th July 2011, and he is in custody for more than one and half months, but still the prosecution has not filed charge sheet, and hence, applicant deserves to be enlarged on bail in view of statutory provision of Section 167(2) of the Code of Criminal Procedure. (4) Criminal Application No. 3548 of 2011 7. Considering the facts and circumstances, present Criminal Application deserves to be allowed and it is directed that the applicant, Anand s/o. Baburao Vithate, be released on bail in connection with Crime No. I-98/2011, registered at Police Station, Parner (District : Ahmednagar), on furnishing P.R. Bond in the sum of Rs. 15,000/- [Rupees fifteen thousand], and one surety in the like amount, on the conditions, (i) applicant shall give attendance before the concerned investigator once in a week i.e. on every Friday between 01.00 p.m. to 04.00 p.m., till filing of charge sheet, and shall cooerate in the investigation, and (ii) applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner, whatsoever, directly or indirectly, and present Criminal Application stands disposed of finally. 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/3548ka