IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2025 OF 2009 Anand Pandurang Shinde ...Applicant Vs The State of Maharashtra ..Respondent ----- Mr. Vishal Kolekar, for the Applicant. Mr. Y.M. Makhana, A.P.P. for the State. CORAM: A.S. OKA, J. DATE: 7TH JULY, 2009 P.C. 1. Heard the learneed Counsel appearing for the applicant and the learned APP for the State. As the earlier application for bail made by the applicant was rejected by this Court by an order dated 5th and 6th October, 2005, this second bail application has been placed before this Court. The learned Counsel for the applicant is seeking bail on the ground of parity based on several ordes passed by the Session Court in favour of the co-accused. 2. As far as the case of the applicant is concerned, it will be necessary to refer what is observed by this Court in its earlier orders dated 5th and 6th October, 2005. The relevant portion of : 2 : at paragraph 4 of the said Order reads thus: “There are statements of witnesses who have alleged that they consumed liquor in the den of the applicant on 24th, 25th and 26th December 2004. There is a statement of one Shivcharan whose statement has been recorded by the Police. He stated that he consumed liquor on 25th and 26th December 2004 at the den run by the applicant and he expired on 28th December 2004 after he was admitted in Rajawadi Hospital on 27th December 2004. Post Mortem report of the deceased describes the final cause of death as “Methyl alcohol poisoning”. There are eight persons whose statements have been recorded in which they have stated that after consuming liquor in the den of the applicant they were taken ill. The medical certificate of the said persons indicate that Methyl alcohol was present in their stomach wash as well as in the blood.” In view of what is observed above, this is not a case where parity can be applied. 3. The learned APP has stated that out of 145 prosecution witnesses, 82 have already been examined. 4. The Application for bail is rejected. If the trial is not concluded on or before 31st May, 2010, it will be open for the applicant to apply a fresh for grant of bail. JUDGE