1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1227 OF 2009 IN CRIMINAL APPEAL NO.800 OF 2008 Jagan Rama @ Jagannath Thombre .... Applicant V/s. The State of Maharashtra ..... Respondent Mr.Sanjeev Kadam, for the applicant Mrs.A.S.Pai, APP, for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 24th FEBRUARY, 2010 P.C. 1. Heard the learned counsel for the applicant/accused and the learned APP for the State. This is an application for bail on behalf of applicant/accused. The name of the accused is figuring in the dying declaration, as it is alleged that the accused was present when the incident occurred and the daughter of the accused administered poison to the deceased and the other accused were beating the deceased. Initially, an application for bail was filed by the very accused, but the same was withdrawn after arguing the matter at some length. 2. Learned counsel for the applicant/accused submitted that he is not pressing his claim on the basis of parity as the name of the 2 accused is figuring in the dying declaration given by the deceased. However, it is submitted by him that the accused had not played any role in connection with the offence in question. Considering the evidence on record, in our view, this is not a case in which this court would like to use its discretion by releasing the applicant/accused on bail, especially when even on earlier occasion after arguing the matter at some length, the applicant had withdrawn his bail application. 3. Learned counsel for the applicant however, requested that since many family members of the accused are in jail, which includes even his daughter, the matter may be fixed for final hearing at the earliest. Considering the facts and circumstances of the case, while rejecting the bail application, we fixed the matter for final hearing on 30-03-2010. In view of the same, learned counsel for the applicant submitted that he is not pressing his prayer for bail as the Court as fixed the matter for final hearing. 4. In view of what is stated above, the criminal application is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)