BHAVNESHWAR BABUBHAI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner had previously applied for grant of bail and on 11th June 1996, after hearing both sides and on perusal of the papers of investigation, I had rejected the application of the petitioner. The second application is filed on the ground that other accused who is situated similarly, to the petitioner, and who is alleged to have committed same acts as is granted bail by this Court and, therefore, on parity, of the facts as well as reasoning, the present petitioner may be granted bail.

(2.) IT would be seen that one Ramchandra Jadhav came to be assaulted on the night of 22nd February, 1996, by three persons viz. Santosh Pawar, Santosh Nalawade and the present petitioner. In that incident, Santosh Pawar is alleged to have given blows with knife and Santosh Nalawade and the petitioner gave kicks and fist blows. In that incident, Ramchandra Jadhav died and, therefore, offence under Section 302 r/w 34 of the Indian Penal Code came to be registered against the petitioner and two others at Nigdi Police Station, Pune.

(3.) ACCORDINGLY , petitioner is directed to be released on bail on his furnishing solvent surety to the extent of Rs.10,000/- (ten thousand) and P.R. for like amount, on condition that be shall not tamper with the witnesses; shall not commit offence while on bail : shall appear before the Sessions Court for conduct of the trial and shall not make any default so as to protract the trial in any manner. He shall also not leave limits of Pune without first obtaining permission from the Sessions Court, Pune.