1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 185/2011 ( Kiran Subhashrao Tandurkar and another .vs. State of Maharashtra through PSO PS Hinganghat, Dist. Wardha. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Mahesh Rai, Advocate for Applicants. Mr. D.P. Thakre, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 31, 2011 Heard. The prayer for bail made by the applicants/accused charge sheeted by Hinganghat Police Station as a result of investigation of Crime No. 298/2010 registered on 23.11.2010 for offence under Section 307 read with 34 of IPC and 4 & 25 of the Arms Act upon a report regarding the incident lodged by one of the injured- Jitendra about the assault effected by the applicants and two more charge sheeted accused persons upon No. (I) first informant, (ii) Ravindra and No.3 Kishore, with applicant no.1 giving sword blow on the head of Kishore Choudhary and applicant no.2 giving knife blows upon right thigh, head and elbow of left hand of informant on the count of quarrel ensued earlier, is vehemently objected by the learned APP on 2 the count of the incident having taken place on the public road and all the accused during same had used sharp edged weapons and during the incident three persons were injured. The learned counsel Mr. Mahesh Rai appearing for the applicants has pressed the prayer for bail mainly on the principle of parity of the co-accused similarly placed like applicants being already released on bail by this Court and the reasons because of which they were granted bail would be also applicable even in the case of the applicants. The learned counsel has further urged that considering the material in the charge sheet, it is prima facie difficult to accept that the applicants or the co-accused were entertaining any intention to commit murder of informant or other injured as the material in the charge sheet accepted as it is, would not transcend beyond the intent of the assailants attacking the first informant or other injured by means of sharp edged weapons. It is urged that the same is apparent after taking into consideration the reason because of which incident was over. The said submission are prima facie found in consonance with the material contained in the charge sheet filed. The fact of co-accused being released on bail is beyond dispute. Having regard to the same, it is difficult to accept that case of the applicants can be said to be not on par with co-accused granted the bail. Needless to add that the learned APP has also not refuted the statement made by the learned counsel for the applicants that all injured had not sustained any serious injury and were discharged from the hospital on the 3 same day of incident. In view of the same and even offences allegedly committed, not exclusively punishable with imprisonment for life, the prayer for bail deserves consideration. The applicants are directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac) each with two solvent sureties in like amount and subject to the conditions that applicants - (i) after their release on bail, shall stay out of Wardha district and shall intimate their place of abode to the investigating officer and shall not change the same without the permission of the trial Court and shall also attend the said local Police Station within whose jurisdiction they would be staying everyday in between 11 & 1 p.m. for a period one month and thereafter on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial and shall not even attempt to come into contact any of the witnesses and particularly the injured or their family members; (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai