IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1017 OF 2009 Nagesh Ashok Netke ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Kiran J. Kandpile for Applicant Shri Rajesh More, APP for State ---- CORAM: V.M. KANADE J. DATED 17TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 302 r/w. 34 of the Indian Penal Code. 3. The prosecution case is that the Applicant had assaulted the deceased Mahendra with a stick on his head and also with the sharp weapon. The cause of death was due to head injury and the injury caused by sharp weapon. There is one eye witness to the said incident, who had seen the Applicant assaulting the deceased on his head. 4. In view of the matter, no case is made out for grant of bail. 5. It is submitted that two other accused have been released on bail. Therefore, the Applicant seeks bail on the ground of parity. 6. Taking into consideration the role attributed to the present Applicant, the Applicant is not entitled to get bail on the ground of parity. Application for bail is rejected. 7. Application is disposed of. V.M. KANADE J.