[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION APPLICATION NO.103 OF 2008 IN APPEAL NO. 83 OF 2008 Ganesh Rajaram Waghmare & Anr. ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.M.S.Mohite Advocate for Applicants Ms.S.D.Shinde APP for the Respondent-State ... CORAM:F.I.REBELLO AND CORAM:F.I.REBELLO AND CORAM:F.I.REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE :APRIL 7, 2008 DATE :APRIL 7, 2008 DATE :APRIL 7, 2008 P.C. P.C. P.C. 1. This is an application for bail by original Accused No.1 who is the appellant herein. Prima facie, the material on record would indicate that there was previous enmity between the appellant and the deceased. Apart from that, there is recovery of the blood stained article and clothes at the instance of the appellant. There is also evidence that the deceased was last seen in the company of the present appellant and other co-accused. [-2-] 2. It is submitted on behalf of the appellant that the other co-accused had been granted bail by this Court. The case of the appellant should be treated alike. 3. Considering the case as advanced against the appellant and the fact that recovery of the articles and clothes was made at the instance of the appellant, in our opinion, the case of this appellant would differ from the case of co-accused who has been granted bail. 4. Considering the prima facie material on record, in our opinion, no case is made out for bail. Application for bail is rejected. [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.] [SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.]