1 BA-996.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.996 OF 2011 Zumbarbai Bhairukale .... Applicant Vs. The State of Maharashtra .... Respondent Shri D.G. Khamkar for the Applicant. Shri J.P. Kharge, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 18, 2011 P.C: 1. This is second bail application by one Zumbarbai on the ground of parity as also on the ground that there is no merit in the case against her. The applicant Zumbarbai was named in the FIR as having enmity with the victims' family. It was specifically mentioned in the FIR which was lodged at 5:05 a.m. on 15-2-2010 after the incident which took place at 00:30 hours on the same night. Zumbarbai is alleged to have set the hut of Suresh Pawar on fire in which eight persons were burnt to death. Zumbarbai had been seen by Abhiman Kale going away from the spot at the time of the incident. Though all the other accused persons have been 2 BA-996.11 admitted to bail, the applicant cannot claim that the case of those who have been bailed out is similar to that of the applicant, since none of them have been seen at the spot by any of the witnesses. In view of this, there is no question of parity. 2. As to the merit of the case, the learned counsel for the applicant placed reliance on a Judgment of the Supreme Court in Lakhanpal v. State of Madhya Pradesh, reported in 1979 SCC (Cri.) 644, where the Court observed that, mere fact that the accused was last seen with the deceased does not lead to an irresistible inference that he committed the murder. In this case, it is not just that the applicant was seen at the spot when the incident was taking place. There is also reference to enmity in the FIR which was lodged soon after the incident, though the learned counsel wants me to observe that the FIR was delayed. The co-accused from whom recovery was made have been bailed out. But that does not matter since they were not seen at the time of the incident. The application is rejected. (R.C. CHAVAN, J.)