Niraj S/O Raju Ugale v. State Of Maharashtra, Thr. P.S.O. Gadge Nagar, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.379 OF 2016 (Niraj Raju Ugale Vs.The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. S. Bhongade, Advocate for the applicant. Shri A. M. Deshpande, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 25 JULY, 2016 Heard learned Counsel for the applicant and the learned A.P.P. for the State. Perused the charge-sheet including the statement of the eye witnesses. On perusal of the charge-sheet, I find that there is sufficient material available against this applicant indicating his prima facie involvement of the offences registered against him. All these eye witnesses had seen this applicant as dealing sword blow to the deceased. Specific role has been attributed to this applicant. Such is not the case of one of the co-accused Roshan Gaikwad, who has been granted bail by the Sessions Court. Although the eye witnesses had stated that Roshan had used wooden log for assaulting the deceased, the postmortem report indicated that the injuries were in the nature of incised wounds, which resulted in death of the deceased. This fact, perhaps

weighed with the Sessions Court in granting bail to Roshan. However, such is not the prosecution case as against the present applicant. As stated earlier, the eye witnesses had seen the applicant as dealing sword blow to the deceased. Therefore, argument of the learned Counsel for the applicant that principle of parity should be made applicable to the applicant cannot be accepted. The offence of murder punishable under Section 302 I.P.C. is a serious crime, which is punishable with death or life imprisonment. Besides, the prosecution has also filed an application for cancellation of bail granted to Roshan as, according to the prosecution, he has misused the liberty by threatening the eye witnesses. In the circumstances, this application cannot be granted.

The application stands rejected.

JUDGE wwl

CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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