1appln-1355-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1355 of 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Z.M. Avhad, for the Applicant. Mr S.N.Gawade, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 22nd JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant – one of the co-accused, who has been arrested by Malegaon Police for the offence punishable under section 302, 307 of I.P.C. and offences of rioting. Incident of rioting and assault on the deceased took place on 17.5.2008. Immediately within two days present applicant was arrested and one wooden stick was recovered at his instance. Allegedly, as mentioned in the panchnama said wooden stick is smeared with blood. However, in the C.A report there is no mention as to presence of blood. 2. Apart from the above, there are at least two witnesses, the first informant and also one more witness who take the name of the present applicant as one of 2appln-1355-10 the assailants along with 17 other co-accused. Some of them were armed with deadly weapons like sword and Gupti. 3. During the arguments, learned Advocate for the applicant prayed for parity on the ground that other co-accused who was assigned the role of holding a sword in hand and assaulting the deceased has been released on bail by this Court in another application. It appears to be a factual position that there was no recovery at the instance of said accused and that his name was taken by the witness in the supplementary statement. In fact, on the basis of material available on record against the present applicant, he cannot claim parity and as such he cannot be released on bail during the pendency of the trial. In such type of cases involving number of accused and having eye-witnesses, the matter is required to be disposed of, as expeditiously as possible, and certain directions are required to be given to the concerned Additional Sessions Judge for expeditious trial. In the result, the present application is disposed of by the following order:- ORDER: (a) Criminal Bail application No. 1355/2010 is hereby rejected. (b) Learned Additional Sessions Judge, Malegaon, District Nashik shall make all endeavour to start and complete the trial of the present case on its own merits without being influenced by any of the observations mentioned in the present order. Such trial to be completed within nine months from the date of receipt of writ of this order. (A.R.JOSHI,J)