* 1 * BAs-1486-1487-1478-2011 15. Nov. 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1486 OF 2011 ALONGWITH BAIL APPLICATION NO. 1487 OF 2011 ALONGWITH BAIL APPLICATION NO. 1478 OF 2011 Sajjad Kalimuddin Shaikh .... Applicant V/s. The State of Maharashtra Sakinaka Police Station ..... Respondent * * * * * Mr. S.A. Shaikh, Advocate for applicant in all the 3 bail applications. Mr. S.A. Shaikh, APP for State in B.A. No. 1486/2011. Mr. J.P. Kharge, APP for State in B.A. No. 1487/2011. Mrs. A.A. Mane, APP for State in B.A. No. 1478/2011. * * * * * CORAM :- Smt. R.P. SondurBaldota, J. 15 November, 2011. P.C. :- 1. These three bail applications which are being disposed off by this common order disclose a shocking state of affairs in the matter of investigation by the police into the offences registered against the applicant. The offence alleged in all the three cases is of theft punishable under Section 379 Indian Penal Code. * 2 * BAs-1486-1487-1478-2011 15. Nov. 2011 2. Perusal of the three complaints indicate a similar modus-operandi for the commission of theft. It has been alleged in all the three cases that while the three complainants were in the bank for depositing amounts in their respective bank accounts, an unknown person approached them with a request for some help thereby distracting their attention and committed theft of their money. The particulars of the three complaints and the action taken by the police during the course of investigation are as follows : C.R.NO. Date Of Incident Date of Arrest Date Of Recovery Article Recovered 56/2011 4.2.2011 20.6.2011 21.6.2011 Rs.2,000/- 106/2011 17.3.2011 28.6.2011 29.6.2011 DVD & mobile handset 167/2011 29.4.2011 28.6.2011 29.6.2011 Same as above The learned APP informs that the applicant was arrested on 20th June, 2011 in C.R. No.56 of 2011. Then, he is shown arrested in the other two cases on 28th June, 2011. Admittedly, no identification parade has been held till date. Thus, there is no identification of the applicant by any of the three complainants. The learned APP state that the implication of the applicant in the three cases and his arrest was on the basis of the description of the thief given by the complainants, as also, on the basis of the information received by the police during the course of investigation. He also claims that the applicant had admitted commission of the subsequent two offences after he was arrested in the first offence. * 3 * BAs-1486-1487-1478-2011 15. Nov. 2011 3. Since the applicant is arrested in all the three cases solely based on the description given by the complainants, it would be necessary to refer to the description stated by the complainants in all the three complaints. The description given in the first complaint i.e. C.R. No. 56 of 2011 by the complainant is a person aged 25 to 26 years, complexion : fair and built : “ medium”. The complaint in C.R. No.106 of 2011 is against two persons who are described as (i) person aged 40 years, height : 5.6 inches, built : strong, complexion : sallow, distinctive features : bald headed from front and (ii) person aged 45 years, height : 5 feet, built : heavy, complexion : fair. The description given in the third C.R. i.e. C.R. No. 167 of 2011 is a person aged “ 30 to 35 years, height 5.5 inches, built : strong, complexion : sallow, “ distinctive features : black hair and round face.” Bare perusal of the descriptions stated by the complainants is sufficient to know that the applicant could not have been involved in all the three cases. It is obvious from the record that the police have show the applicant as arrested in the cases without carrying out proper investigation. Since the very complicity of the applicant in the three cases is under doubt, he cannot be made to incarcerate in jail anymore. Hence, the bail applications are allowed. The applicant be released on bail in each cases i.e. C.R.s No.56/2011, 106/2011 and 167/2011 in the sum of Rs.2500/- (Rs. Two Thousand Five Hundred only) with one surety in the like amount. The applicant shall attend Sakinaka * 4 * BAs-1486-1487-1478-2011 15. Nov. 2011 Police Station once in a week for a period of 3 months from today. He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. The applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]