IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 231 OF 2008 CRIMINAL APPLICATION NO. 231 OF 2008 CRIMINAL APPLICATION NO. 231 OF 2008 Mahiboob Yunus Zharekari & ors. ... Applicants. V/s. The State of Maharashtra. ... Respondent. Shounak Mehta for the applicants. Ms.R.M.Gadvi, A.P.P. for the respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 27th March 2008. DATED: 27th March 2008. DATED: 27th March 2008. P.C.: P.C.: P.C.: . The amount of costs imposed on the respondent- State vide order dated 19th March, 2008 stands waived. 2. The learned counsel for the applicants has invited my attention to para-5 of the reply filed by the respondent- State, reading as under: "I say that all the applicants came to be arrested on 25.02.2007. I say that the trial has already started before the Hon’ble Court of Sessions, Solapur. All the witnesses have been examined. as per Roznama on 24.03.2008 date is kept for recording statement of accused persons under section 313 of Cr.P.C. In view of the above, learned counsel for the applicants instead of arguing the bail application on merits left it to the discretion of the Court to pass appropriate order. 3. In view of the above factual aspect brought on record, the application for bail cannot succeed. It is therefore rejected. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)