appln-697-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 697 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 Naveen Chomal, for the Applicant. Mr K.V.Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 1ST JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant who is alleged to be the main accused. The applicant accused is arrested on the spot while attempting to commit robbery along with his associate. On the relevant day he had been to the spot along with his another co- accused on motor cycle and when the first informant along with the wife of his employer was coming down from the jewelery shop holding the bag in his hand in the night, present applicant threw chilly powder and also snatched the bag from the hand of the first informant. The applicant also pulled out a sort of revolver when on resisted by the informant and fired one shot towards the informant. However, another person accompanying the complainant by name Puroshottam sustained injury. In the said commotion present applicant along with his associates tried to appln-697-10 run away. However, the applicant was apprehended by the mob which had gathered there and he was detained and thereafter given in the custody of the police. The co-accused who happened to be with the applicant on the vehicle could escape. 2. During the arguments, learned counsel for the applicant vehemently argued that on parity the present applicant is required to be bailed out as his other alleged associate who was assigned the role to accompany the present applicant on the vehicle and who allegedly ran away from the spot, was released on bail. Considering the material available with the Investigating Officer and the reasoning given by the Sessions Court in the order rejecting bail application of the present applicant, it appears that the claim of parity is misconceived, inasmuch as the main role of throwing chilly powder and pulling the trigger for shooting on the informant was assigned to the present applicant and in fact the present applicant was apprehended on the spot. The weapon was also found lying on the spot of the incident. 3. The above circumstances are so over-whelming that it is not a fit case in which the present applicant can be released on bail much less on the feeble claim of parity. Hence the order. ORDER: (a) Bail application is rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J) appln-697-10