1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 302/2009 (Ab. Rashid AB. Kadir vs. The State of Mah ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 6 th APRIL, 2009 Heard Shri Kasat, Advocate, for the applicant and Shri Thakare, APP, for Respondent State. The applicant is facing prosecution for the offence punishable under Sections 397, 506(B) of the IPC, before the Sessions Judge, Achalpur. It is the case against the accused that in the night on 14/2/2008, five persons threatened the mother of the complainant, sister and daughter by showing knife and stolen an amount of Rs.30,000/- and ran away. Learned APP has submitted that the prosecution has moved an application for conducting identification parade. However, it is pointed out by the learned counsel for the 2 applicant that the concerned witness is not coming to the court for the identification parade. It is also pointed out that other accused Rashid Khan and Sheikh Shah in the same crime have been directed to be released on bail by this Court. The main reason which appears to have been raised in the court while releasing them on bail are that the investigation is over and identification parade has not been conducted. It does appear that at the time of lodging report, the offenders were unknown and therefore, no names of the accused were mentioned in the F.I.R. In these circumstances, it is not possible to accept the contention of the learned APP for rejecting the application. Hence, his bail shall be as per order of this Court in Criminal Application No. 4042/2008 i.e. “the applicant be released in P.R.B. of Rs. 50,000/- with one or more solvent sureies in the aggregate sum of Rs.50,000/- on the condition that the applicant shall attend the Police Station Shirajgao Kasba, Tq. Chadurbazar, Distt. Amravati, on every Sunday at 10.00 am. till the trial is over. Applicant shall keep himself away 3 from crime. Bail in trial Court. Application disposed of. Hamdast granted. JUDGE Rvjalit