FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1842 OF 2009 (Vishnu Madhav Pawar vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs. S.S.Jadhav, AGP for the applicant. Mr. K.M.Suryawanshi, AGP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 24/7/2009 P.C.:- 1. Heard Smt. Jadhav extensively. The accused is in custody for an offence punishable under Sections 302, 307, 452 and other offences since 16th June, 2008. His earlier successive applications have been turned down. The only request now urged by Smt. Jadhav is, in the light of the other accused, who were also placed in similar situation of accusations, as to their role in the offence, they got benefit of default under Section 167(2) of Cr.P.C., same benefit be extended to accused. 2. The parity sought by the learned Counsel, in the eyes of law, is not maintainable as the bail under Section 167(2) is a default bail, which provides indefeasible right in an accused to be enlarged on bail while the application moved under Section 439 of Cr.P.C. will have to be dealt with on its own merits. Needless to add, the merits are, prima facie, against the present accused/applicant. Consequently, the application seeking to release the applicant on bail is rejected. (K.U.CHANDIWAL) JUDGE agp/crapln1842-09