SHETHNA, J. - (1.) THIS is a fifth bail application wherein learned Sr. Advocate Mr. M. D. Purohit tried to submit on merits which is not permissible because all the arguments which were tried to be argued today have been argued previously and were not found favour by the Court and, therefore, earlier bail applications were rejected either as withdrawn or as it is.
(2.) LEARNED counsel Mr. Purohit then submitted that the prosecution is adopting delayed tactics in examining the witnesses. He submitted that instead of examining important eye witnesses, they are examining witnesses who are absolutely formal. It is the discretion of the prosecution and the learned Public Prosecutor has to decide who should be examined first. The fact which is not in dispute is that the prosecution is examining the witnesses and the trial is going on. Mr. Purohit then submitted that the petitioner is in jail since last 16 months. It may be that the petitioner accused is in jail since last 16 months but the petitioner is facing serious charge and when the witnesses are more in number, naturally, the trial is likely to take some more time. This fact itself is no ground to release the ac-cused on bail. One more submission was tried to be made by Mr. Purohit that other similarly situated co-accused have been granted bail by this Court, therefore, there is no reason for this Court not to accept this fifth bail application of the petitioner. This submission was also made on earlier occasions before this Court which was not found favour. It is well settled law that merely because the co-accused has been granted bail that doesn't mean that other accused should necessarily be granted bail. It depends upon the role attributed to each accused. In any case when this submission was earlier made and not accepted by this Court, then there is no reason for this Court to accept this submission in this fifth bail application. In view of the above discussion, I do not find any substance on merits in this fifth bail application which accordingly fails and is dismissed. .;