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 CRI.APPLICATION NO.1498 OF 200 CRI.APPLICATION NO.1498 OF 200 CRI.APPLICATION NO.1498 OF 2009 Mr Ramesh Kishtaya Bhandari @ Kalal, .. Applicant Vs The State of Maharashtra, Respondent. Mr Uday P.Warunjikar, for the applicant. Mrs P.P.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 06/04/200 DATE : 06/04/200 DATE : 06/04/2009 PC: PC: PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.274 of 2007 of Nigdi police station,Pune. The said crime has been registered against the applicant and five others for having allegedly committed an offence punishable under section 304 read with 34 of IPC and under sections 65F, 66B of Bombay Prohibition Act. 3. Mr Warunjikar, learned counsel for the applicant, at the outset, submitted that the applicant is entitled for bail on parity with two other accused, who have been granted bail by this court vide order dated 16.2.2009 in Criminal Application Nos. 17 and 18 of 2009. He submitted that there is absolutely no difference between the role attributed and allegedly played by the present applicant and the other accused. They all were working in the toddy shop. This submission of Mr Warunjikar has not been disputed by the learned APP. It is alleged that two persons entered the shop of the applicant and consumed Toddy and when they came out thereafter, they died. The chemical analyser’s report indicates that ethyl alcohol was found along with traces of saccharine. No other poisonous substance was found. Having considered overall facts and circumstances of the case and the submissions of the learned counsel for the parties, I am inclined to enlarge the applicant on bail on parity. Hence, the following order. The applicant be enlarged on bail in the sum of Rs.10,000/- with one or two sureties to make the said amount. It is needless to state that the applicant shall not threaten any of the prosecution witnesses. Since the trial has already begun, the applicant shall attend the Sessions Court regularly and the concerned police station once in a month. . While allowing this application, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)