1 Cri.A.5220.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5220 OF 2011 Shaikh Harun Abdul Sattar, R/o Zamzam Colony, Beed. Ta. And District Beed. ...APPLICANT. VERSUS 1) The State of Maharashtra, and another. ...RESPONDENTS. ... Shri.S.S.Kazi Advocate for Applicant. Shri.K.S.Patil, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 13.12.2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The applicant apprehends arrest in Crime No. 124 of 2011 of Beed (City) Police Station, Beed. 3. According to the applicant, Mr. Bhanudas Balbhimrao Jadhav similarly placed was granted anticipatory bail, by the learned Additional Sessions Judge Beed, when said Mr. Jadhav had 2 Cri.A.5220.11 filed Misc. Criminal Application No. 632 of 2011. The said order is dated 20.10.2011. Learned Advocate Mr. Kazi submitted that application No. 690 of 2011 was filed by the present applicant before the learned Additional Sessions Judge, Beed and said application was rejected on 19.11.2011. 4. According to the learned Advocate Mr. Kazi, it was argued before the learned Additional Sessions Judge, Beed that present applicant was placed similar to that of Mr. Bhanudas Jadhav, therefore, if Mr. Jadhav is granted anticipatory bail, present applicant should have been granted anticipatory bail on the principle of parity. 5. I have perused the order dated 19.11.2011, by which application of the present applicant for anticipatory bail was rejected. In the said order there is no observation on the point of parity said to have been raised before the learned Additional Sessions Judge. On this ground the learned advocate for the applicant seeks leave of 3 Cri.A.5220.11 this Court to file fresh application for anticipatory bail before the learned Additional Sessions Judge Beed and further seeks permission to raise point of parity as between himself and Mr. Jadhav. 5. Looking to the peculiar circumstance, in which the present applicant is placed, I am inclined to allow the present applicant to make such application and raise point of principle of parity. In view of this, applicant is permitted to file fresh application for anticipatory bail before the concerned learned Additional Sessions Judge raising point of parity. If such application is filed, learned Additional Sessions Judge shall after hearing learned Public Prosecutor on behalf of the State/prosecution, consider the point of parity, ascertain role of Mr. Jadhav and also ascertain role of present applicant on the basis of the material, which will placed before him, by the learned Public Prosecutor and decide the application for anticipatory bail. With aforesaid 4 Cri.A.5220.11 observations, application stands disposed of. 6. It is not necessary for the applicant to annex the certified copy of this order along with new application. It is sufficient for the applicant that he should make a reference of this order in the body of the application, which he proposes to file, along with affidavit of learned counsel, who appeared in this Court. Sd/- [ R.Y.GANOO, J. ] MTK