[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.574 OF 2008 IN APPEAL NO. 1295 OF 2007 Shri.Sharad Mahadev Kamble ..Applicant Vs. State of Maharashtra ..Respondent ... Mrs.Pranali Kakade Advocate for Applicant Mr. K.V.Saste A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JUNE 12, 2008 DATE : JUNE 12, 2008 DATE : JUNE 12, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused no.1 and the learned A.P.P. for the State. 2. The applicant-original accused has been convicted under Sections 392, 365 an 420 of IPC. The maximum sentence imposed on the applicant is seven years. 3. The learned advocate for the applicant has submitted that the co-accused Shobha Gole has been released on bail by this Court and her case is [-2-] somewhat similar to that of the present applicant. Hence, the applicant be released on bail on the ground of parity. I have perused the order dated 3.4.2008 whereby the co-accused Shobha Gole came to be granted bail by this Court. The said order specifically states that bail is being granted having regard to the fact that the applicant is a woman and that there is no evidence of recovery from the applicant and no eye witness has identified Shobha Gole as having taken part in the incident. As far as the applicant is concerned, PW 4 Baleshwar Singh has stated that as he was proceeding in a Taxi with cash of Rs.7,22,000/- at that time two persons came and sat in his taxi. One sat on the front seat and the second person sat on the rear seat. PW Baleshwar has identified the present applicant to be the same person who sat on the rear side next to him. Both the persons disclosed that they were CBI Officers and they asked him about the contents in the bag. The complainant replied that there was cash of Rs.7,22,000/-. Thereafter, one another co-accused came in another taxi. The applicant and the other accused in the taxi of the complainant informed the complainant that the third person was their boss. [-3-] Thereafter, the third person took away the bag containing cash of Rs.7,22,000/- an went away. The present applicant and co-accused took the applicant near I Max Theatre and they threw the complainant out of the taxi and went away. The complainant has identified the present applicant in the identification parade. Thus, it is seen that the case of the present applicant and co-accused Shobha is not similar. 4. The learned advocate for the applicant further submitted that the co-accused Kutubuddin Hassan Raju was also granted bail. As far as this co-accused is concerned, he was not one of the accused who was in the taxi with the complainant and hence, it cannot be said that there is a case of parity. 5. Mrs. Kakade submitted that one other person was travelling in the taxi and neither that person nor the taxi driver have been examined. It is further submitted that the case of the complainant is that the cash which was robbed, was withdrawn from the bank that day. However, no bank witness or employee has been examined to show that the [-4-] amount was withdrawn from the bank on that day. In the present case, complainant who was in the taxi, has been examined. Despite lengthy cross-examination, his evidence has not been shaken. It is not necessary for the prosecution to examine each and every witness. The main witness i.e. the complainant has been examined. Non-examination of the other witnesses cannot be said to be fatal to the prosecution case and non-examination of those witnesses cannot be a ground to grant bail to the applicant. 6. Lastly, it was submitted that the applicant’s wife is ill and the applicant has young school going children and hence, he may be released on bail. Certificate on which reliance is placed, is dated 13.5.2008. No recent certificates are annexed. Moreover, certificate does not show that the wife of the applicant is seriously ill. Hence, this also cannot be a ground to release the applicant on bail. 7. Application is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]