IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 956/2008 Vijay Sadhuram Sahare vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 7 th APRIL, 2008. Heard Shri R.M.Daga, Advocate, for the applicant and Shri Kothari, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant is facing trial for the offence punishable under Sections 147, 148, 149, 323, 427, 302 r/w Section 135 of Bombay Police Act, arising out of Crime No. 98/07 of Police Station Salekasa. Learned counsel for the applicant has contended that the case of the present applicant is in parity with the one Ashok and other accused and it is alleged that the present applicant had instigated the members of unlawful assembly to beat the deceased on head. According to him, the deceased had died due to head injury and therefore, the allegations against the present applicant are to the effect of instigation only and therefore, as the other accused Ashok has been released on bail, on parity, this applicant should also be released on bail. The perusal of the post mortem note shows that the deceased had died due to head injury with 99% burns. F.I.R. discloses that at the relevant time Subhash Dongre had poured kerosene on the person of the deceased and this applicant had thrown the match stick by lighting it on his person and therefore, he caught fire. In these circumstances, it is not possible to hold that the applicant's case is in parity with that of Ashok and other accused. In fact, there are two types of allegations against the applicant, one regarding instigation to other accused to hit on head and second, set fire to the deceased. In these circumstances, application cannot be allowed. It is rejected, however, with a liberty to move for bail if the trial does not end within a period of six months from today. Application stands disposed of. Learned trial Judge is directed to expedite the matter. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. JUDGE Rvj.