Suresh @ Ramkrishna Dunekar v. State Of Maharashtra, Through P.S.O. P.S. Arjuni (Mor), Gondia

1610aba672.15.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 672 OF 2015 (Suresh Ramkrishna Dunekar 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 M. V. Mendhe, Advocate for the applicant. Shri R. S. Nayak, A.P.P. for the respondent-State. CORAM : V. M. DESHPANDE, J.

DATED : 16th OCTOBER, 2015 Heard learned Counsel for the applicant and the learned A.P.P. for the State.

The application is moved for enlargement on bail since the applicant is arrested in connection with Crime No.25/2014 registered with police station Arjuni (Mor.), District Gondia for the offence punishable under Sections 143, 144, 147, 148, 307, 302 of the Indian Penal Code and Section 3 of Black Magic Act.

Submission of the applicant is that co-accused persons are released on bail and, therefore, on the principle of parity, present applicant should also be released on bail.

The relevant witnesses are Shrawan and Vandana. They are the father and wife of deceased Prakash. These two persons were also suffered injuries

1610aba672.15.odt 1/2 in the attack. However, they survive. Their first statement is recorded on 11/3/2014, i.e. immediately after the incident. In the said statement, they have specifically stated the name of the present applicant along with one Baliram that due to practicing black magic, they were attacked. Their further statement is recorded on 13/3/2014, i.e. after two days of their previous statement. In the said statement also both have stated that deceased Prakash was assaulted by means of dangerous weapon like stick by the present applicant and other co-accused persons. Insofar as the other co-accused persons, who are released on bail, are concerned, the statement dated 13/3/2014 clearly absolve them. In that view of the matter, the present applicant is not entitled to claim benefit of parity. Hence, the application is rejected.

JUDGE wwl