..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2615 OF 2008 Shri.Kishor Vitthal Wakte. ..Applicant. Versus Versus Versus State of Maharashtra. ..Respondent. .... Ms.Pranali Kakade, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th September, 2008. DATED : 11th September, 2008. DATED : 11th September, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.41 of 2007 of Bhosari Police Station. The said case is mainly under Sections 302, 364 r/w. 34 of IPC. 3. Eye witness Santosh Bansode has stated that the present applicant along with one Santosh hired the Car of this witness. They told him that they were going to recover money from some person. The deceased Balasaheb Dandhar was made to sit in the ..(2).. car. Thereafter the applicant took the deceased Dandar to one hutment area. There he called out to co-accused Akash. The applicant told Akash that he had got Dandhar. Thereafter the applicant took out iron rod and started assaulting Dandar on the head. Akash also picked-up one brick coloured stone and threw it on the head of Dandhar. 4. The learned Advocate for the applicant has submitted that co-accused Akash has been released on bail and the case of Akash and the present applicant is similar, hence the applicant may be released on bail on the ground of parity. 5. On going through the material on record, I do not find any parity because it is seen that the applicant had hired the vehicle. Thereafter he got Dandhar to sit in the vehicle on false pretext. Thereafter the applicant took Dandhar to hutment area and called out to Akash. It was the applicant who first started assaulting Dandhar on the head with iron rod, thereafter Akash has assaulted only once with stone on the head. The post-mortem notes show that eight injuries were ..(3).. found on the body of Dandhar. Looking to the above facts, there is no case of parity. Moreover, looking to the material on record, I do not think that this is a fit case to grant bail. Application for bail is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)