1 appa1061.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1061 OF 2010 In CRIMINAL APPEAL NO.919 OF 2009 Sarubai Dattu Bajbalkar : Applicant (Accused no.2) V/s. State of Maharashtra : Respondent .... Mr.P.R.Arjunwadkar with Mrs.P.U.Baddare for the applicant. Mr.Y.S.Shinde, Addl. Public Prosecutor for the State. .... CORAM : D.D. SINHA & A.R.JOSHI,JJ. DATE : SEPTEMBER 24, 2010. P.C.: Heard the learned counsel for the applicant and the learned Addl. Public Prosecutor for the State. 2. The learned counsel for the applicant has submitted that the trial Court convicted five accused persons for the offence punishable under sections 498A and 302 read with section 34 of the I.P.C. It is contended that the original accused no.3 Uttam and original accused no.4 Mandabai had filed separate Criminal Appeal No.898 of 2009 against the order of 2 appa1061.10 conviction. Both these accused applied for bail by filing Criminal Application No.1014 of 2009. The said application was considered by this Court and vide order dated 11.2.2010 both of them were released on bail. The learned counsel for the present applicant, who is original accused no.2 by name Sarubai, has submitted that the evidence adduced by the prosecution against the present applicant as well as the other co- accused who were released on bail is one and the same and, therefore, the applicant is claiming bail on the basis of parity. 3. The learned Addl. Public Prosecutor was directed to go through the evidence and find out whether the evidence adduced by the prosecution against the present applicant is similar to the one available against original accused nos.3 & 4 who were released on bail by this Court. 4. The learned Addl. Public Prosecutor has made a statement that after scrutinizing the evidence, he has noticed that the evidence against the original accused nos.2 to 5 is similar and only against the original accused no.1, who is the husband of the deceased, the evidence available on record is different. 3 appa1061.10 5. Considered the contentions canvassed by the respective counsel. In view of the statement made by the learned Addl. Public Prosecutor that the evidence on record insofar as the original accused nos.3 and 4 who were released on bail by this Court is similar against the present applicant, we are of the view that the applicant has made out a case for grant of bail on the basis of parity. 6. In the circumstances, the applicant Sarubai Dattu Bajbalkar is directed to be released on bail on furnishing P.R. Bond of Rs.30,000/- (Rupees Thirty Thousand only) with two sureties in the like amount. The Criminal Application stands disposed of. (D.D. SINHA, J.) (A.R. JOSHI, J.)