IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 710/2008 Anil Krishna Sonbasare vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 2 nd May, 2008. Heard Shri S.A.Jaiswal, Advocate, for the applicant and Shri Sonare, A.P.P. for respondent. This is an application under Section 439 of Cr.P.C. for grant of bail. It is contended by the learned counsel for the applicant that the other accused i.e. father of the applicant has been released on bail and therefore, on the ground of parity, this applicant should also be released on bail. It is also contended that the applicant has no criminal antecedents at his credit and he would come in the company of the harden criminals in jail, which is dangerous for him. It is also contended that the applicant is in jail since about 9 months and therefore, he should be released on bail. As regards ground of parity, it seems that the father of the applicant was released on bail on the ground of his old age . As regards the criminal antecedents, it is necessary to note the reply of the respondent. It is pointed out that the noise of deceased Manoj saying “Melo re” was heard by the witness, thereafter he rushed to the house of the present applicant which was closed from inside and the lights were off. The applicant allegedly did not open the door, so, on the witness entering in the house from the backside, at that time, the present applicant did not permit him to enter into the house. Thereafter, on making inquiry about Manoj, he disclosed 'he did not know'. It is further stated by the witness that thereafter the present applicant and his father were seen taking away the dead body of Manoj for throwing it on the road and when they were noticed, applicant ran away along with his father. The victim was seen having suffered injuries on his person and he was found dead. With these allegations, it is not possible to release the applicant on bail. However, he would be at liberty to move for bail if his trial does not commence within three months from today. It is made clear that the above observations are in prima facie view of the matter and they shall not influence the trial Judge in any way while deciding the matter on merits. Inform the trial Judge to expedite the matter. Application stands disposed of. JUDGE Rvj