1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4118/2009 Shaikh Nasir Shaikh Kadar ...Applicant. Versus The State of Maharashtra. ...Respondent. ........ Shri H.F. Pawar, Advocate for applicant. Shri B.J. Sonawane, A.P.P. for respondent. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1 By the present application the accused has approached this Court for his release on bail in Crime No. 27/2009 registered in Wadod Bazar Police station for offences punishable under Sections 395 r/w Section 34 of Indian Penal Code. 2 Heard learned counsel appearing for the applicant followed by submissions of learned A.P.P. for Respondent / State. Also perused the papers of investigation till carried out. The investigation is over and charge sheet is filed in this case. 3 Considering the submissions across Bar, it appears that the offence came to be registered on the complaint of one Ramlal Siddha on 26-04-2009 about 2 the incident occurred on 25-04-2009. It is alleged that while the complainant was travelling in the car in possession of the applicant and others, Cash of Rs.1,25,000/-, one mobile phone and gold weighing 145 grams was robbed by the applicant and other three persons. The applicants came to be arrested along with others on 30-04-2009 and since then he is in custody. 4 The learned counsel appearing for applicant makes submission across Bar that the other co-accused arrayed in this case were arrested and were identified by complainant in test identification parade and thereafter they were released on bail. Four pieces of pendant, cash of Rs.28,000/- he had invested and one Maruti vehicle were recovered at the instance of this applicant / accused. The four pieces of pendant recovered at his instance weighed 17.5 grams. According to the applicant, he has roots in the society at Jogeshwari, M.I.D.C. Waluj and he be released on bail. 5. The learned A.P.P. opposed to release the applicant / accused on bail on the ground that the case of the present applicant can not be treated at Par with the others who were released on bail as the present applicant is history sheeter and gave history about the offences to his credit. 6 Considering the submission across Bar, the place where this offence took place and the complainant identified this applicant / accused during test 3 identification parade and also identified the other applicants /accused. This incident took place at Sillod. It is informed that the applicant / accused is externee from Aurangabad district. Sillod is a part of Aurangabad district. Then it is clear that the applicant is externee from Aurangabad district and committed this offence in the jurisdiction of Aurangabad district after the externment period is over. There are 7 offences to his credit registered in M.I.D.C. Police station, Aurangabad as well as at Shrirampur. The fact remains that the applicant is not innocent as he is trying to project before this Court. He is habitual offender. If he is habitual offender and history sheeter, no case is made out on the ground of parity to release him on bail. The application stands in its merit rejected. [A.V. POTDAR, J.] tsk/criapln4118.09