Rohit Vijay Onkar v. The State Of Mah, Thr P.So. P.S. Yavatmal City Yavatmal

1 Cr.Appeal381.2019

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 90/2020 IN CRIMINAL APPEAL NO. 381/2019.

Rohit S/o Vijay Onkar and Ors., ..VS..

The State of Maharashtra, Through P.S.O., Police Station Yavatmal (City), Yavatmal. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri R. M. Daga, Counsel for the appellants.

Shri S. A. Ashirgade, APP for the respondent. CORAM : SUNIL B. SHUKRE AND MADHAV J. JAMDAR, JJ.

DATED : 07 th February, 2020 Heard Shri R. M. Daga, learned counsel for the appellants and Shri S. A. Ashirgade, learned Additional PP for the respondent-State.

Though, this application has been opposed by the learned APP, we find hardly any ground on the basis of which the case of this applicant could be distinguished from the case of original accused No.7 - Roshan, original accused No.8 - Anup and original accused No.9 - Sachin, who have been released on bail by suspending their sentences by this Court by the order passed on 31.07.2019. Just so is the case with accused Roshan, Anup and Sachin, that is to say, their names are not specifically mentioned in the F.I.R., the same is true about the present application too. The F.I.R., apart from mentioning specific names of some of the

2 Cr.Appeal381.2019 applicants, it states that there were few more assailants involved in the attack that was made in the night of deceased Anil on 31.10.2017 in front of Pan shop of P.W.3 - Vijay Shende. But, no investigation has been made for ascertaining the identity of the other assailants. Name of this applicant has been taken as one of the assailants by P.W.2 Premraj and P.W.3 Vijay and this was also the case in regard to accused Roshan, Anup and Sachin. This Court has in its order dated 31.7.2019 discussed in detail the evidence of eye witnesses. Suffice it to say, the reasons adopted therein would apply to the present applicant also.

In view of above, we are inclined to allow this application on the basis of parity and it is allowed accordingly. Substantive sentence of imprisonment awarded to the applicant - Vaibhav S/o Krushnarao Naik is hereby suspended on the applicant depositing in the trial Court the fine amounts and on his depositing the same, the applicant shall be released on bail on furnishing PR Bond in the sum of Rs.50,000/- together with one solvent surety in the like sum on condition that he would appear before this Court as and when called and at the time of final hearing of the appeal. This order shall be valid till final order of the appeal. Disposed of.

JUDGE JUDGE Kirtak