1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.674 OF 2009 Shri Safaulla Vakil Khan ....Applicant. V/s The State of Maharashtra ...... Respondent. Mr. R.N. Gite for the applicant. Mr. D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. DATE : 6th March, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The offence under section 381 of the Indian Penal Code has been registered against the present applicant. Prosecution case is that the applicant and two other accused had stolen two transformers which were valued at Rs 2,25,000/- and these transformers were recovered at the instance of the present applicants. Counsel for the applicant submits that other applicants are released on bail. However, the applicant cannot seek bail on the ground of parity since transformers have been recovered at his instance. 3. The learned APP submits that charge- sheet has not been filed so far. However, within short time, charge- sheet 2 shall be filed. Hence, in my view, it will be appropriate if applicant files a fresh application for bail in Sessions Court after the charge- sheet is filed. Application is therefore disposed of. However, liberty is given to the applicant to file a fresh application before the Sessions Court after filing of the charge- sheet. (V.M. KANADE, J.)