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 JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3608 OF 2008 CRI.APPLICATION NO.3608 OF 2008 CRI.APPLICATION NO.3608 OF 2008 Dinesh Datta Mhatre, .. Applicant. vs State of Maharashtra, .. Respondent Mr A.P.Mundargi, Sr.Advocate and Sanjiv Sawant i/b B.K.Barve & Co., for the applicant. Mr Y.S.Shinde, APP for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 13/10/2008 DATE : 13/10/2008 DATE : 13/10/2008 PC: PC: PC: 1. Heard Mr.Mundargi, learned senior counsel for the applicant and Mr.Shinde, learned APP, for the State. 2. The applicant has prayed for bail in C.R.No.I-116 of 2008 of Nallasopara Police Station. The said crime has been registered against the applicant for having committed an offence punishable under sections 302,324, 452,323,504 and 506 read with section 34 and 120-B of IPC. It is on the allegations that the present applicant along with six others has allegedly assaulted and killed the deceased Multanmal Jain on 29.3.2008. The deceased died in the hospital on 6.4.2008. It appears that, at the relevant time, two women and one male accused were in the house of the deceased where they started assaulting him and thereafter dragged him out of the house. I perused the statements of the complainant Sharada Patel and the eye-witnesses Kashmira Mandliya and Mehul Patel. From their statements it is clear that the present applicant was armed with the wooden log with which he allegedly assaulted the deceased on his head. The deceased died of head injury. Mr Mundargi, learned senior counsel for the applicant, submitted that the applicant is entitled for bail on parity. He submitted that there is no difference between the role attributed and allegedly played by the applicant and other accused is similar and that the other accused have already been released on bail. I have perused the entire material on record very carefully and more particularly the statements of the aforementioned eye-witnesses so also the Memorandum of test identification parade. It is clear from the statements of the eye-witnesses and the other material on record that the applicant was the only person who was armed with a wooden log at the relevant time and who allegedly assaulted the deceased with the said wooden log. Prima facie, there is sufficient material on record to connect the applicant with the said offence. In my opinion, the case for bail on parity is not made out by the applicant. In the circumstances, the application is rejected. . While rejecting this application, I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)