1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 998 OF 2009 IN CRIMINAL APPEAL NO. 271 OF 2009 Vijay @ Vijay Ramdulari Istriwala .. Applicant/Appellant Nirmal (Org.Accused No.2) V/s. The State of Maharashtra .. Respondent. --- Mr. Khan Abdul Waheb for the Applicant. Dr. F.R. Shaikh, APP for the Respondent-State. --- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATED : 20TH NOVEMBER, 2009 P.C. : 1. Heard. 2. This is an application for suspension of sentence filed by the Applicant/Appellant (original accused no.2), who has been convicted for having committed offences under sections 143, 144, 147, 148, 302 read with section 149 of IPC and section 37 (1)(a) read with section 135 of the Bombay Police Act by the Adhoc Additional Sessions Judge, Sewree, Mumbai. 2 3. The applicant/appellant (Org. accused No.2) claims parity with the accused no.3, who has been granted bail, suspending his sentence by order dated 21st August, 2009 passed by the Division Bench of this Court in Cri. Application No. 278 of 2009 in Cri. Appeal No. 221/2009. The learned counsel for the applicant/appellant has tendered a copy of the said order dated 21.08.2009 of the Division Bench. In para -3 of the said order it is stated that the role assigned to accused no.3 is that he was present at the time of the incident but was not armed with any weapon, though total six persons were charged for various offences and that there is no recovery at the instance of the accused no.3. The accused no.3 was accordingly granted bail. 4. In the present case also the applicant -accused no.2 was present at the time of incident but was not armed with any weapon nor was there any recovery at the instance of the applicant (accused no.2). In the circumstances, on the ground of parity, we find no reason to deny grant of bail to the applicant (accused no.2) by suspending his substantive sentence. Hence, we pass 3 the following order : i. Applicant-accused No. 2 be released on bail on his executing P.R. Bond in the sum of Rs.20,000/- with one surety in the like amount to be executed before the Sessions Court. ii. The applicant-accused no.2 shall not indulge in any offence while on bail. iii. The applicant- accused no.2 shall attend local Mulund Police Station on first Monday of every month between 10-00 a.m. To 12.00 noon till the final hearing and disposal of the pending appeal and maintain a pocket diary of his attendance. 5. Application to stand disposed of. (J.N. Patel,J.) (A.A. Sayed,J.)