1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 228/2011 in Criminal Appeal No. 107/2010 Aziz Khan Jamir Khan vs. State of Maharashtra, through Police Station Officer, Wadi, Distt. Nagpur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. A.S.Mardikar, Advocate for applicant. Mr. T.A.Mirza, APP for respondent. CORAM : MRS. V.K.TAHILRAMANI & R.K.DESHPANDE, JJ DATE : 28.04.2011 Heard the learned counsel for the applicant- original accused no.3 and learned APP for the respondent. 2. The applicant has been convicted under section 302 read with section 34 of the Indian Penal Code for causing murder of Aashish. The applicant is now seeking bail. 3. Co-accused Chandrashekhar Dhole -original accused no.2 and the present applicant had preferred criminal applications for grant of bail before this Court. Both the criminal applications for bail were disposed of by common order dated 6.5.2010 whereby both the applications for bail came to be rejected. 2` 4. The learned counsel for the applicant stated that co-accused Chandrashekhar Dhole i.e. the original accused no.2 has been granted bail by the Apex Court by order dated 14.3.2011. He submitted that the case of the present applicant stands on the same footing as that of co-accused Chandrashekhar. Hence, he has prayed that the applicant be granted bail on the ground of parity. 5. It is not controverted by the prosecution that the case of the applicant stands on the same footing as that of co-accused Chandrashekhar, who has been granted bail. Hence, we are inclined to grant bail to the applicant on the ground of parity, therefore, the following order: a) The sentence of imprisonment imposed on the applicant is suspended. The applicant be released on bail on furnishing a personal bond in a sum of Rs. 25,000/- with surety in the like amount. b) The applicant will report to the Police Station, Wadi once in a fortnight till disposal of the appeal. 6. Application is allowed in above terms. Hamdast allowed. JUDGE JUDGE patle 3`