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 SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.2936 OF 2008 CRIMINAL APPLICATION NO.2936 OF 2008 CRIMINAL APPLICATION NO.2936 OF 2008 Mr.Bakhtawar Ambir Foolari .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.M.A.Chaudhari for the applicant. Mr.J.P.Yagnik APP for the respondent-State. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. CORAM: D.B.Bhosale,J. DATED: 7.10.2008 DATED: 7.10.2008 DATED: 7.10.2008 P.C.: P.C.: P.C.: . Heard Mr.Chaudhari, learned counsel for the applicant and Mr.Yagnik, learned A.P.P. for the respondent-State. 2. The applicant has prayed for bail under section 439 of the Code of Criminal Procedure in C.R.No.I-108 of 2008 of A.P.M.C. police station, Navi Mumbai. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 399, 402 and 109 of IPC and under section 3, 25 of the Arms Act. Mr.Chaudhari, learned counsel for the applicant at the outset invited my attention to the fact that four other similarly placed accused in this case have already been released on bail under section 167(2) of the Code and submitted that on parity the applicant is also entitled for bail. He submitted that till this date the police have not filed charge-sheet. This fact has not been disputed by the learned A.P.P. He fairly stated that the applicant does not have any criminal antecedents. Keeping that in view and considering that till this date the charge-sheet has not been filed and that 90 days got over on 22nd September, 2008, in my opinion, the applicant also deserve to be released on bail under section 167(2) of the Code. Hence I pass the following order: . The applicant be enlarged on bail in the sum of Rs.25,000/- with one or two sureties in the like amount subject to the condition that the applicant shall report the concerned police station on Monday and Thursday between 10.00 a.m. and 11.00 a.m. till filing of the charge-sheet and thereafter on 1st and 2nd Saturday between 10.00 a.m. and 11.00 a.m. till conclusion of the trial. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)