IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.753 OF 2008 Mangeshy Vinayak Wankhede ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:12.3.2008 Heard Mr. Kariya, Advocate for applicant and Mr. Thakre, APP for state. Applicant is being prosecuted for the offence under section 302, 201 read with section 34 of IPC in crime no.162/07, of P.S. Anjagaon Surji. It is alleged that he and his mother committed murder of Vinayak who was father of Mangesh. Allegations are that they had strangulated deceased and committed murder. Learned counsel for the applicant submits that case against the applicant is in parity with that of his mother and the case is based on circumstantial evidence. The parity as claimed can not be said to be a ground for granting bail inasmuch as his mother seems to have been released with the consideration that she is old lady. As regards the evidence against the present applicant, the P.M. report shows that the deceased died due to fracture of hyoid bones. There are crossed ligature mark around the neck encircling completely, anteriorly in the middle, at the level of thyroid cartilage. Possibility of death of the deceased as contended by the learned counsel for the applicant that accidentally his neck rolled in the threads of the cot, is too remote. In these circumstances, though applicant is said to be a student of 20 years, bail cannot be accorded. However, he would be at liberty if the trial does not begin within a period of two months from today, as it is stated that the charge sheet is filed on 1.1.2008. Accordingly, with this liberty the application is rejected. The above observations are in prima facie view of the matter and same shall not influence the trial court while deciding the matter on merit. JUDGE smp.