1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.45 OF 2010 Chhotu alias Sunil Mangalsingh Dange .... Applicant. V/s State of Maharashtra .... Respondent. Mr. P.L. Sapkale for the applicant. Mr. Y.M. Nakhawa, APP for the State. CORAM: V. M. KANADE, J. DATE : 8TH FEBRUARY, 2010 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. This is a second application for bail. The first application was rejected by this Court by order dated 6/2/2009. It is submitted that, thereafter, one of the co- accused Sanjay Mangalsingh Dange was released on bail by this Court by order dated 25/11/2009. It is submitted that in the said order, it has been mentioned that the said applicant had assaulted the deceased on his head with a stick and there was only one injury on the head and, after making the said observation, this court was pleased to release him on bail. It is submitted that even the present applicant has 2 given one blow on the head of the deceased. It is therefore submitted that the applicant is entitled to be released on bail on the ground of parity. 3. It is not possible to accept the said submission. After having perused the statement of witnesses, it is apparent that the applicant was carrying sword and he had assaulted the deceased on his head. Therefore, applicant cannot be released on bail on the ground of parity since the role attributed to the present applicant is different and that he was carrying a sword and not a stick. 4. Application is, therefore, rejected. Trial Court, however, is directed to decide the case as expeditiously as possible within six months. (V.M. KANADE, J.) 3