1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4175 OF 2009 Shri Sanjay Balappa Tahsildar ...Applicant vs. The State of Maharashtra ...Respondent Mr.Prashant P. Jadhav for the Applicant. Mr.Y.M. Nakhwa, APP for the State. with CRIMINAL APPLICATION NO. 4176 OF 2009 Shri Yamanappa Shivling Tarihal ...Applicant vs. The State of Maharashtra ...Respondent Mr.Prashant P. Jadhav for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 4, 2009 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 The applicants have been arrested in 2 connection with an offence punishable under Sections 302, 396, 397, 201 and 120B read with 34 of the IPC registered with Ajara Police Station, District Kolhapur, vide C.R.No.39/2009. 3 A dead body of the deceased was found in the forest and complaint was lodged by the brother- in-law of the deceased and thereafter, the applicants were arrested on suspicion. 4 Counsel for the applicants invited my attention to the order passed by this Court in Criminal Application No.604 of 2009 dated 18th February, 2009 wherein the other co-accused have been released on bail. The applicants seek bail on the ground of parity. 5 I have perused the said order. There is no recovery at the instance of the present applicants. The only evidence is in the form of identification of the applicants by one person who has stated that 3 the applicants had stayed in Samadhan Lodge at Ajara. It is alleged that the present applicants have been identified by one of the drivers, who was present on the spot who has stated that the present applicants and another were proceeding in his vehicle and thereafter, the alleged incident took place. Admittedly, there is no recovery at the instance of the present applicants. The driver who was travelling in his vehicle does not state that the deceased was also travelling in the same vehicle. In this view of the matter, the applicants deserve to be released on bail on the ground of parity. 6 The applicants, therefore, be released on bail in the sum of Rs.5000/- each with one or two sureties each in the like amount. They, however, shall give one local surety and they shall report to the concerned police station once in a month. 7 Applications are disposed of. (V.M. KANADE, J.) 4