Rameshwar S/O Shalikram Uike And 2 Others v. State Of Mah. Thr. Pso Ps Koradi Distnagpur

1 ba403.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO. 403 OF 2020 ( Rameshwar s/o Shalikram Uike and others ..vs.. The State of Maharashtra, through PSO, PS Koradi, Nagpur ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.R. Thakur, Counsel for the applicants, Ms. Trupti Udeshi, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 03-09-2020 Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

The applicants and three others stand prosecuted for offence inter alia under Section 302 of the Indian Penal Code vide Crime 325/2019 registered with Police Station Koradi, District - Nagpur.

4.

The main role in the assault which led to the death of the deceased is attributed to one Sanju Pande. It is Sanju Pande who allegedly picked up a tile lying on the spot and assaulted the deceased on head.

5.

Co-accused Atish and Vikram are released on bail by this Court. The applicant is seeking bail on the

2 ba403.20 principle of parity.

6.

The learned Additional Public Prosecutor Ms.

Trupti Udeshi points out that while assault by fist blows is attributed to all the accused, in so far applicant 3Roshan Bhalavi is concerned, the additional allegation is that he held the hands of the deceased. It is, however, common ground that it is Sanju Pande who assaulted the deceased with tile which caused the fatal injury. 7.

The investigation is complete and the chargesheet is filed. The applicant is in custody since 16th October, 2019.

8.

Considering the role attributed to the applicants, a case is made out for grant of bail.

9.

The application is allowed.

10.

The applicants be released on bail on furnishing personal bond of Rs.25,000/- each with a solvent surety of like amount.

11.

The applicants shall attend Police Station Koradi as and when directed by the Investigating Officer, till the filing of the charge-sheet.

12.

The applicants shall not make any attempt to

3 ba403.20 tamper with the evidence or to influence witnesses. JUDGE adgokar