1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3425 OF 2007 Rajesh Chhotelal Mishra .. Applicant versus State of Maharashtra .. Respondent ... Mr.Vivek Pandey for the applicant. Mrs.M.M.Deshmukh APP for the State. CORAM : D.G.KARNIK, J DATED : 20th February 2008 P.C.: 1. Heard. 2. The applicant has been arrested on 8th November 2004 for the alleged offence punishable u/s.395, 342, 452, 323, 504, 506 r/w section 34 of the Indian Penal Code and section 3 r/w sec. 25(1) of the Arms Act. 2 3. The applicant along with eight others are co-accused in the crime. Though the applicant has been arrested in the year 2004, till today the trial has not commenced. Learned counsel for the applicant seeks bail on two grounds. Firstly, on the ground of parity in as much as four other co-accused have been released on bail. Secondly, though the accused is in jail for a period of more than 3 1/2 years, the trial has not commenced and hearing is not likely to commence soon. 3. By three separate orders dated 22nd March 2005, 3rd December 2004 and 3rd January 2005 passed in Criminal Application no.190/03, 1324/04 and 1212/04, the learned Addl. Sessions Judge has granted bail to three co-accused persons. The fourth co-accused has been granted bail by this court by its order dated 17th March 2006 passed in Criminal Application no.369 of 2006, on the ground of parity. Learned counsel for the applicant submits that the role of the present applicant is not different than the alleged role of four co-accused who have been released on bail. 4. Taking into consideration the fact that four other co-accused have been granted bail and also 3 taking into consideration the fact that the present applicant is in jail for more than 3 1/2 years and trial has not commenced, in my view, the applicant is entitled to bail. Hence, I pass the following order:- O R D E R . The applicant shall be released on bail on personal bond of Rs.15,000/- with two sureties of the like amount subject to the condition that the applicant shall attend the concerned police station once a month between 1st and 5th day of every British Calendar month. (D.G. KARNIK, J)