- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.764 OF 2008 APPLICATION NO.764 OF 2008 APPLICATION NO.764 OF 2008 Gautam Dattu Mane ...Applicant vs. State of Maharashtra ...Respondent Mr.J.Shekhar i/b M/s.J.Shekhar & Co. for the Applicant. Mr.S.R.Shinde, A.P.P. for State CORAM: CORAM: CORAM: V.C.DAGA,J. V.C.DAGA,J. V.C.DAGA,J. DATE DATE DATE : APRIL 23,2008 : APRIL 23,2008 : APRIL 23,2008 P.C.: P.C.: P.C.: 1. Heard learned counsel appearing for the Applicant and the learned A.P.P. for State. The Applicant is seeking bail under section 439 of the Code of Criminal Procedure,1973 in C.R.No.319 of 2007 registered with Kothrud Police Station, Pune for the offences punishable under section 302 read with section 34 of the Indian Penal Code. 2. This application is moved after having suffered adverse order on Exh.1 in Criminal Misc. application No.2712/2007 on 12th October 2007 at the hands of the Additional Sessions Judge, Pune. While rejecting the application for bail, the learned Additional Sessions Judge in paragraph 5 of its order observed thus : "5) Considering the argument advanced by the learned Advocate for the Applicant and learned Additional Public Prosecutor for the State, application, investigation papers as well as other papers, it is clear that there is - 2 - evidence of eye witnesses, their injury certificate, there is a recovery panchnama and investigation papers as well as other papers, it is clear that there is evidence of eye witnesses, their injury certificate, there is a recovery panchnama and investigation papers shows the involvement of the Applicant in the commission of the offences punishable under Section 302 of I.P.C. There is strong prima facie case against Applicant/accused. If applicant is released on bail, then he will threaten prosecution witnesses and also tamper prosecution evidence. At this stage, there being involvement of the Applicant/accused along with other accused. There is incriminating direct evidence against the Applicant. There is strong prima facie case against the Applicant and under such a circumstance, at this stage, even though the investigation is complete, the applicant is not entitled to be released on bail. Applicant is not entitled to claim parity ground as it is submitted that one of the accused is also released on bail, but there is no certified copy of the order of bail application No.2173/2007 filed by the Advocate for the Applicant. Role played by the Applicant is for one and he is not entitled to get defence of parity ground to be released on bail. Hence, I pass the following order." 3. Having seen the above finding in the light of material available on record, no case is made out to take a contrary view. In the result, application for bail is rejected. - 3 - JUDGE JUDGE JUDGE