IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 629/2009 (Murli Dhurve ..vs.. State ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 9th APRIL, 2009 Heard Shri Motwani, Advocate for the applicant and Shri Thakre, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant is accused of the offence punishable under section 147, 148, 149, 457, 307, 302, of I.P.C. r/w section 135 of Bombay Police Act. along with other accused. It is the prosecution case that he had sword in his hand and one Kishor had knife in his hand at the time of incident and deceased. Learned counsel for the applicant has relied on the order of this court in respect of other accused who was released on bail by this court. It appears from that order that the applicant had withdrawn his application for bail at that time. So also the main accused Kishor. The applicant no.2 therein - Virendra was released on bail with the observation that an unknown person was seen to have been present by the complainant. Some weapons are allegedly recovered at his instance. Therefore, he seems to be that unknown person. However, his complicity in the assault is not clear from the statement of the complainant. Thus, his case is quite distinguishable from the case of the present applicant. The case of applicant Ganesh who was released on bail by order is also distinguishable. Applicant's case can not be treated with parity of the accused who are released on bail by order of this court in Criminal Application No.3746/2008. In these circumstances, this application cannot be granted. Same is rejected. However, liberty to the applicant to move for bail, if the trial does not commence within a period of 3 months from today. It is made clear that the above observations shall not influence the learned trial Judge while dealing with the matter on merits. JUDGE SMP