A. B. SRIVASTAVA,J. ( 1 ) THIS is an application by applicant Narendra for bail in respect of an offence under Sections 147, 148, 149, 307, 302, I. P. C. , P. S. Achhnera, District Agra. Learned counsel for the applicant Shri S. S. Tewari, for first informant, Shri Virendra Singh, and learned A. G. A. appearing on behalf of the State, have been heard. ( 2 ) THE prosecution story in nut shell is that near about 7 A. M. on 6. 11. 1992 deceased Ravindra Singh; injured Ramesh and Virendra, all real brothers, were collecting milk in containers for taking the same to the city, and most of the members of the family, including their brother informant Mahavir, were present outside the house. Soni Ram and Chandan Singh armed with licensed gun; Laltendu, Gajjo, Chandan, Vijai and Narendra with country-made pistols, came there, and fired towards these persons with intention to kill. All the three brothers mentioned above and six other family members were seriously injured, Ravindra Singh died on way to hospital. After getting the injured examined and treated at the hospital, F. I. R. regarding the incident was lodged at 2. 10 P. M. the same day. ( 3 ) THE bail plea of the applicant has been pressed on the ground that the incident of the nature stated in the F. I. R. does not appear probable, the fact of almost entire family being injured indicates that the incident occurred sometime in the night inside house. The factum of there being semi-digested food in the stomach of the deceased is also pointed out to say that at 7 A. M. this could not have been the position as nobody would take food at 4 or 5 A. M. in the morning, such position would have been there at about mid night, the meals having been taken around 9 or 10 P. M. ( 4 ) THESE submissions have been opposed by the other side and it is contended that the nature of injuries to the deceased and the other injured persons indicate a concerted intention to cause death. The incident resulted into fatal injuries to deceased Ravindra and a large number of injuries, many of them serious, to the other injured persons. The incident resulted into fatal injuries to deceased Ravindra and a large number of injuries, many of them serious, to the other injured persons. Contention further is that in the very nature of the job a milk seller carrying milk from the village to the city, a person has to leave home early and return quite late, necessitating taking meals before leaving home and normally such meal is taken well in advance before carrying heavy milk cans on cycle to long distances. ( 5 ) IN the instant case, it would also be found that as per the prosecution version the deceased did not die on the spot rather he was carried to the hospital, and died on way, the time of reaching the hospital being 9. 25 A. M. Accordingly, the deceased though injured, in view of the fact that he remained alive for a certain length of time even after taking the meals/heavy breakfast, the existence of semi-digested food in the stomach was natural, even if the food was taken sometime around 6 A. M. or so. ( 6 ) THE fact of the injuries to the other injured persons being found fresh on medical examination between 9. 45 and 11. 55 A. M. at the hospital, also prima-facie negatives the plea of the incident being of mid night or in the proximity thereof. Considering the nature of incident in which fire arms were freely used by the assailants and injuries to a number of persons including females, were caused, and the deceased was fatally wounded, the specific role assigned to the applicant and also in the background of the motive alleged for the crime, it does not appear a fit case for grant of bail. ( 7 ) RELYING on the factum of granting bail by the Sessions Judge, the two of the accused persons Soni and Vijai Singh by his order dated 16. 3. 1993, despite the rejection of the bail application of the applicant by his earlier order, it is urged that the applicant is entitled to be released on bail on the principles of parity, if not anything else. This plea has been opposed and it is submitted that a move has been move for cancellation of the said order of the Sessions Judge. No reference of the cancellation application has however been given. This plea has been opposed and it is submitted that a move has been move for cancellation of the said order of the Sessions Judge. No reference of the cancellation application has however been given. ( 8 ) THE consideration of consistency of judicial orders any, parity, though desirable, is not a compelling factor and cannot be made the sole criteria of granting bail, totally ignoring the facts staring on the face of record. It is all the more so when the view relied on it support of parity is not of a Court of coordinate or superior jurisdiction. In the instant case the Sessions Judge has simply brushed aside his earlier order rejecting the bail plea of the applicant without giving any reasons. It thus is a case where parity on the strength of the order of the Sessions Judge in the prevailing position cannot be claimed by the applicant ( 9 ) AS to the plea of the applicant for bail on the ground of being old and infirm and a patient of heart and Asthma, the same besides being controverted, there is not an iota of medical or other material on record. ( 10 ) FOR all these above reasons, therefore, the applicant has not made out any case for granting bail. His prayer for bail deserves to be, and is hereby, rejected. However, in case any cancellation application as aforesaid has been made and the same-does not find favour with the High Court the applicant will be at liberty to move afresh on the said ground. Bail Application dismissed. .