IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 470 OF 2008 Hiraman s/o Tulsiram Rokde ..vs.. State of Maharashtra. ---------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 26 th FEBRUARY, 2008. Heard Shri R. M. Daga, learned counsel for the applicant and Shri V. A. Thakre, learned A.P.P. for respondent-State. This is an application under Section 439 of Cr. P. C. for bail. The applicant is facing trial for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, arising out Crime No. 222/2007. It is contended by the learned A. P. P. while opposing the application that the applicant is facing three criminal cases, two of them are mentioned in the reply and one is not mentioned. The two offences which are mentioned in the reply are of 2002 and 2004, under Section 324 of the Indian Penal Code. The third offence is alleged to be one under Section 376 of the Indian Penal Code, for which the learned counsel for the applicant makes a statement that he has been acquitted therein. The learned counsel for the applicant contended that the case of present applicant is in parity with other accused, who has been released on bail, in Criminal Application No. 3218/2007 i.e. Surendra Janaware. The allegations against the present applicant appears to be similar to that of the said accused, who has been released on bail. The learned A. P. P. is unable to point out that the case of present applicant is distinguishable from the case of said Surendra Janaware. No overt act or possession of weapons is attributed to this applicant. The learned counsel for the applicant has also brought to the notice that the statement of the concerned witnesses were recorded after about 10 days. In these circumstances, it is not possible to deny bail to the applicant. However, it would be subject to the conditions inasmuch as he is facing other trials. The applicant be released on bail on furnishing surety and PRB of Rs.20,000/- ( Rs. Twenty thousand only) subject to condition that he shall not directly or indirectly tamper with the prosecution evidence. Bail in lower Court. The application stands disposed of JUDGE jsa.