1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3722 of 2007 Tolya Shambhu Vishe & Ors. .. Applicants versus State of Maharashtra .. Respondent ... Mr.N.M. Gavankar for the applicants Mr.K.V. Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 19th November 2007 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. Learned counsel for the applicant seeks leave to withdraw the application on behalf of the applicant nos.1 and 2. Application on behalf of applicant nos.1 and 2 is dismissed as withdrawn. 2 3. An offence has been registered and the charge-sheet has been filed against the applicant no.3 along with others for offences punishable under section 302, 307, 324, 326, 147, 148 and 149 of the IPC. The criminal case is pending in the sessions court. Charge has not yet been framed and the accused is in custody since 16th October 2004. I am informed at the bar that the trial is not likely to commence soon. 4. There are in all 30 accused persons. 27 persons have been enlarged on bail. The applicant claims bail on the ground of parity. I have perused the order dated 13th June 2005 in Criminal Application no.3315 of 2005, order dated 15th July 2006 in Criminal Application no.4006 of 2005 and order dated 1st August 2005 in Criminal Application no.4708 of 2005 all passed by this Court. In all the three cases, the persons who were enlarged on bail were carrying weapons viz. sword or knife. Yet they have been enlarged on bail. My attention is invited to the statement of Naresh Maruti Bhoir wherein the role attributed to the accused is only of instigating the persons who were actually assaulting. No other overt act attributable to the applicant was pointed out by the learned APP. In the circumstances and 3 considering the fact that the other accused persons who have played equal, if not greater role have already enlarged on bail, the applicant no.3 also deserves to be granted bail on similar conditions. Accordingly, I pass the following order:- O R D E R . The applicant no.3 Mr.Sopan Balku Bhoir is directed to be released on bail in connection with Sessions Case no.43 of 2005 on his executing the personal bond in the sum of Rs.20,000/- with one or two sureties in the aggregate amount of Rs.20,000/- subject to the following conditions:- i) The applicant shall not pressurise the prosecution witness or temper with the prosecution evidence in any manner whatsoever. ii) The applicant shall not enter Thane District during the pendency of the trial except for attending the court case on specified dates. Application is disposed of. 4 (D.G. KARNIK, J)