jpc ba624-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 624 OF 2011 Anil Dukhi Singh ... Applicant Versus The State of Maharashtra and another ... Respondents Mr. A. G. Sabnis, Senior Advocate i/by Mr.Rajeev Sawant & Associates for the applicant Mr. K. V. Saste, APP for the State Mr. V. V. Gangurde, for Respondent No.2 CORAM:- A.M. THIPSAY, J. DATED :- 2nd August, 2011. P.C. : 1. Heard Mr. Sabnis, the learned counsel for the applicant, Mr. Saste, the learned APP for the State and Mr. Gangurde, the learned counsel for respondent no.2. 2. I have gone through the bail application and the annexures thereto. 3. The applicant is in custody since 1st February, 2009. There are are totally 12 accused, who have been arrested in this case. Three are mentioned as 'wanted'. Except the applicant and one Sikandar Shaikh, all the accused have been released on bail. 4. It appears that the applicant was known to the first informant and other eye witnesses. He has been named in the first information report and also in the statements of the witnesses, as one of the jpc ba624-11.sxw 2 assailants. The role attributed to the applicant is of firing at the deceased by a revolver. The memorandum of postmortem examination shows that three bullets had entered inside the dead body. It is not possible to hold that a prima facie case does not exist against the applicant. 5. The contention that the revolver allegedly used by the applicant has not been recovered, appears to be correct. However, that revolver was used in the incident, is, even other wise, sufficiently clear. The failure of the investigating agency to recover the revolver, does not falsify the claim of the eye witnesses that the applicant fired at the deceased by the revolver. 6. There is also no question of parity, in as much as, those who have been granted bail, have been attributed a lesser role in the alleged offence. 7. Under the circumstances, I am not inclined to release the applicant on bail. 8. The application is rejected. 9. The trial court is directed to expedite the trial and endeavour to complete it as early as possible, keeping in mind the period spent by the applicant as an under trial prisoner. (A.M. THIPSAY, J.)