1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.APPLICATION NO.3508 OF 2008 (ASHWINI @ MUNNA PRASAD V. PRASAD. ..Vs.. STATE OF MAHARASHTRA) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri R.M.Daga, Advocate for Applicant Shri K.S. Dhote, A.P.P. for Respondent/ State. CORAM : R.C.CHAVAN, J. DATED : DECEMBER 03, 2008. 1. Learned counsel for the applicant seeks that his client should be admitted to bail since one Kailash, who was similarly alleged to have held the victim while Rahul stabbed him, had been admitted to bail by learned Additional Sessions Judge, Chandrapur on 8th July, 2008. 2. The learned A.P.P. rightly points out that name of Kailash appeared in the statement by one Raju, brother of the victim to whom the victim is reported to have stated name of Kailash amongst others, whereas name of the present applicant Ashwin has been stated by the victim himself in his dying declaration recorded in presence of two panchas and the Medical Officer. 2 3. In view of this, it cannot be said that the case of Kailash and the present applicant is same and the fact that Kailash has been bailed out does not help the applicant. The application is, therefore, rejected. JUDGE RR.