1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2758 OF 2009 Dattatraya @ Pappu Bhgwan Bandal ...Applicant V/s State of Maharashtra .... Respondent. Mr. S.R. Karnik for the applicant. Mr. Rajesh More, APP for the State. Ms Manisha Devkar h/f Mrs. Revati Dere for original complainant. CORAM: V.M. KANADE, J. DATE : 18TH AUGUST, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State. 2. This is a second application filed by the applicant herein. His first application was rejected by this Court by an order dated 6/1/2009 on merits. There is no change in the circumstances. It is sought to be argued that the witness Avinash Shilamkar who had identified the applicant in the test identification parade knew the applicant and he was so named 2 by him in his statement before the police. It is submitted that, therefore, the test identification parade does not have any evidentiary value since the applicant was already known to the said witness. Secondly, it is submitted that the applicant is 20 years old and, thirdly, it is submitted that one of the other accused from whom sickle was recovered has been granted bail by Sessions Court and, therefore, on the ground of parity the present applicant should also be released on bail. 3. In my previous order dated 6/1/2009, I have already observed that there is one eye witness of the said incident who has stated that the applicant had assaulted deceased with the sickle on his head. His statement is corroborated by the medical evidence which shows that there was fracture on the skull, neck and on the face of the deceased and such injuries could be caused by a sickle. 4. No case, therefore, is made out for grant of bail on merits. Application for bail is dismissed. Trial, however, is expedited. Liberty is granted to the applicant to apply for bail if trial is not over within a reasonable period of time. (V.M. KANADE, J.) 3