IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 440/2008 Anand Tarachand Chindale 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 : 31 st MARCH, 2008. Cri.Appln. No. 441/08 Heard Shri Ramesh Darda, Advocate, for the applicant. He states that he would file the certified copy of the relevant order within a period of three weeks. Allowed to file. Filing of certified copy presently dispensed with as its typed copy is filed. Application stands disposed of. Cri.Application NO. 440/08 Heard Shri Ramesh Darda, Advocate, for the applicant and Shri Patel, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. Learned counsel for the applicant has submitted that the case of the present applicant is similar to that of other accused namely Kisan and Devendra. Learned A.P.P., however, contends that case of these accused who are released on bail is not in parity with that of the present applicant. From perusal of the statement of one Janardhan, it appears that it is the case of the said witness that the applicant was one of the assailants who had assaulted Manoj and Rajesh to cause their deaths. On perusal of the orders of this Court by which the accused Kisan and accused Devendra have been released on bail, it would be seen that the case of the applicant was distinguished in those orders, saying that Kisan had handed over the knife to the present applicant and the weapon was discovered at the instance of the present applicant. In the order relating to release of accused Devendra, it was observed that the name of that applicant was not mentioned in the oral dying declaration. Learned A.P.P. therefore contends that in such circumstances where the knife was handed over to the present applicant and the same was recovered at his instance and his name was mentioned in the dying declaration, the bail application of the applicant cannot be granted on the basis of parity. The information is given that the trial has commenced. Hence, this application is rejected with a liberty to the applicant to move for bail if the trial is not concluded within a period of six months from today. Application stands disposed of. JUDGE Rvj.