1 CRIAP.No. 4663 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.4663 OF 2011 Nazirkhan Mohamadkhan ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr Balbhim R. Kedar, Advocate for the applicant; Mr B.J. Sonawane, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 19th December, 2011 PER COURT : Heard learned Advocate Shri Kedar. 2. The applicant is arrested in C.R. No.67 of 2010, registered with Bodhwad police station under section 328, 329, 342, 343, 363, 365, 366, 366 (A), 372, 373, 376, 323, 504, 506 read with sec. 34 of the Indian Penal Code. 3. Learned Advocate for the applicant submits that Lilabai, co- accused, is released on bail by the learned Additional Sessions Judge by his order dated 3.5.2011. According to the learned Advocate for the applicant role alleged against said Lilabai and present applicant is just the 2 CRIAP.No. 4663 of 2011 same and on the principle of parity, the present applicant is entitled to bail. 4. It is submitted that earlier application filed by the present applicant, after filing of the charge-sheet, has been rejected on 28.9.2011. He, upon instructions, stated that the oral arguments were advanced before the learned Additional Sessions Judge, Jalgaon that principles of `parity' be applied so far the present applicant is concerned, by considering the fact that Lilabai, co-accused similarly placed has been granted bail. The learned Additional Sessions Judge has not considered that aspect of the matter. If this is so, it would be necessary for the present applicant to bring out the said contention of parity before the learned Additional Sessions Judge. Hence, the applicant is free to file an application before the learned Additional Sessions Judge, Jalgaon for fresh bail, even after the earlier bail application is rejected after filing of the charge-sheet. In the said application he will place all the facts on record to bring out the principle of parity. The learned Additional Sessions Judge shall test the case of the present applicant only on the question of parity and decide the said application on merits. With above observations, Criminal Application stands disposed of. (R. Y. GANOO, J.) amj/criap4663.11