1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1973/2007. Abdul Salim Ab.Sheikh ..vs.. State of Maharashtra. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: C.L.PANGARKAR,J. DATE : 9th August, 2007. 1. Heard Mr.R.M.Daga, Advocate for the applicant and Shri A.S.Sonare, A.P.P. for the State. 2. This is an application under Section 439 of the Code of Criminal Procedure. 3. It is alleged that one Rajayya who was passing by the road after taking cash from the petrol pump was fired at by the other accused namely Jasbirsingh. Rajayya was carrying with him a cash of Rs.44000/-. The said bag containing cash was snatched after he was fired at. It is alleged that accused Jasbirsingh then ran away from the spot where the present applicant was standing along with his motor cycle. It is alleged that Jasbirsingh then came near present applicant/accused and then fled away along with the 2 present applicant. Police have arrested the present applicant and Jasbirsingh also. Jasbirsingh was found to be juvenile hence he has been granted bail and his trial has been separated. The present applicant/accused prays for bail. It is not disputed that the first application filed by the present applicant has been rejected by this court. The only ground upon which the bail is claimed is that Jasbirsingh has been granted bail by this court. Copy of the said order has been placed before me. The present applicant cannot be released on parity because of the fact that Jasbirsingh has been essentially released on the bail because of the fact that he is a juvenile. Without consideration of the merits and the material available against Jasbirsingh, he was granted bail being a juvenile. In view of this, simply because Jasbirsingh has been released on bail, that cannot be a ground to grant bail to the present applicant. The nature of the crime is very serious and that does not call for any indulgence. In the circumstances, the application is rejected. JUDGE pzc