1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4061 OF 2008 Sageer Ahamed Pirbaksh Mansuri .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Priten P.Killedar for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 25TH NOVEMBER, 2008. DATED : 25TH NOVEMBER, 2008. DATED : 25TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.167 of 2007 of Khadak police station, Pune. The said crime has been registered against the applicant and five others for having allegedly committed an offence punishable under sections 395, 397 r/w 34 of the IPC. 3. It is the prosecution case that all the accused persons committed dacoity at petrol pump on 14.6.2007 at 23.55 hours. The applicant is one of the accused, who entered the cabin of the petrol pump and robbed the complainant. Mr.Killedar, learned counsel for the applicant invited my attention to the order dated 25.7.2008 passed by this court in criminal 2 2 2 application No.1531 of 2008 and submitted that the present applicant is entitled for bail on parity. I am not inclined to accede to this submission. The applicant in criminal application No.1531 of 2008 was not one of the accused, who entered the cabin and committed the alleged offence. The applicant therein was standing outside the cabin. Moreover, it appears that the applicant, who entered the cabin, though had partially covered his face with handkerchief could be identified by the complainant and the other witnesses since there was sufficient light in the cabin. There is also recovery of revolver and live cartridges, allegedly used while committing the offence, at the instance of the applicant. Apart from this, it appears that there are three criminal cases of similar nature pending against the applicants. Keeping the criminal antecedents in view and considering the role attributed to the applicant I am not inclined to enlarge him on bail. Hence the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)