1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3225 OF 2008 Yunus Mohammad Hanif Bangi Momin .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.M.B.Zanwar i/b Mr.Sachin Thombare for the applicant. Smt.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 11TH NOVEMBER, 2008. DATED : 11TH NOVEMBER, 2008. DATED : 11TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.312 of 2008 of Bundgarden police station, Pune. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 143, 147, 148, 149, 302, 307, 120(b) of the IPC and section 37(a), 135 of the Bombay Police Act and section 4, 25 of Indian Arms Act. 3. The alleged incident, which occurred on 12.7.2007 at about 9.30 p.m., was witnessed by the complainant and three other eye witnesses. All the eye witnesses have attributed overt act to the 2 2 2 applicant, who, allegedly was armed with sword at the relevant time and was one of the 5-6 accused, who chased the deceased and assaulted him mercilessly. The post mortem notes support the allegations against the applicant. The learned counsel for the applicant prayed for bail on parity with Illiyas Abbas Shaikh and Arif Saifan Sayyed. After having gone through the statements of the complainant and the other eye witnesses, in my opinion, the present applicant is not entitled for bail on parity. In the circumstances this application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)