1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4916 OF 2009 Nilesh Shashikant Dalavi ..... Applicant. V/s The State of Maharashtra .... Respondent. Mr. M.K. Kocharekar for the applicant. Mr. H.J. Dedhia, APP for the State. CORAM: V.M. KANADE, J. DATE : 1ST DECEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant was arrested in connection with the offence punishable under sections 302, 201 read with section 34 of the Indian Penal Code, under section 25(1)(A) of the Arms Act and under section 37(1) and 135 of the Bombay Police Act which was registered at Vishnu Nagar Police Station vide C.R. No.I-155 of 2008. 2 3. It is alleged that the son of the complainant was found lying in pool of blood. He had received injuries on his head, legs, face and hands. He was admitted in the hospital. However, he succumbed to his injuries. There are no eye witnesses to the said incident. Applicant has been arrested only on suspicion on account of the previous enmity. Charge-sheet has been filed. The other co-accused has been released on bail by this Court by order dated 18/09/2009 in Criminal Application No.3642 of 2009. Applicant seeks bail on the ground of parity. 4. After having perused the order dated 18/09/2009 and the statement of witnesses, in my view, applicant is entitled to be released on bail on the ground of parity. 5. Applicant, therefore, be released on bail in C.R. No.I-155/2008 registered with Vishnu Nagar Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. He shall not threaten any of the prosecution witnesses and try to tamper with the evidence. 6. Trial Court shall not be influenced by any observation made by this Court while deciding this application 3 and it shall dispose of the criminal case on its own merits and in accordance with law. 7. Application is disposed of. (V.M. KANADE, J.)