( 1 ) cria4862.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4862 OF 2011 1. Amol s/o. Bhimrao Netke .. Applicants Age. 21 years, Occ. Business, 2. Arjun s/o. Baban Dhindore, Age. 22 years, Occ. Business, Both r/o. Bhandewadi, Tq. Karjat, Dist. Ahmednagar. Versus The State of Maharashtra .. Respondent Smt. S.S. Jadhav h/f. Mr. Satej S. Jadhav, Advocate for the applicants. Mr. D.R. Kale, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 02.12.2011 P.C. :- 1. Both the applicants are arrested in C.R. No. I-223 of 2011 registered with Karjat Taluka Police Station, Dist. Ahmednagar. The incident is depicted in the F.I.R. dated 7th September, 2011. According to the complainant, Alok the original accused No.1 took the complainant under the guise of showing him land which the ( 2 ) cria4862.11 complainant was interested in purchasing. The complainant and Alok were travelling in a car and two persons stopped said car, robbed Alok and the complainant in regard to gold ornaments, mobile and money purse. The complainant specifically stated that initially there were two persons and subsequently three persons came on the spot. The complainant also says that all those persons who robbed the complainant and Alok were unknown person. Present applicants are arrested on 8th September, 2011. 2. The investigation is incomplete as charge-sheet has not been filed. Till today the investigating agency has not conducted identification parade, so far as present applicants are concerned. The applicants are also not confronted with the complainant so as to fix the identify of present applicants as perpetrators of the crime. This is basic lacuna in the investigation. The applicants must get benefit of this, as law on identification parade is well established. That is to ( 3 ) cria4862.11 say the identification parade has to be carried out in very short duration after the arrest is effected. As of today about more than 2 months and 25 days have passed, the applicant have not been subjected to identification parade. In my view, this is a ground in favour of the applicants. 3. In the course of arguments, learned A.P.P. Mr. Kale appearing on behalf of the State tried to submit that the money purse of Alok was recovered at the instance of applicant No.1, in panchanama under section 27 of the Indian Evidence Act. So far as applicant No.2 is concerned, SIM cards lying in the mobile of Alok were recovered under section 27 of the Indian Evidence Act. According to learned A.P.P. the incident mentioned in the complaint indicates that Alok as well as the complainant were victims of the occurrence and therefore recovery of articles from the respective accused would go to show that there is substance in the text of the complaint. ( 4 ) cria4862.11 4. The Court is also informed that Alok is arrested and he is shown as accused in the aforesaid instance. I am informed that he is enlarged on bail. Copy of bail order is annexed to this application itself. 5. Despite the recovery of money purse and the SIM cards from the accused, in absence of identification parade or confrontation of the applicants with the complainant, the applicants have made out case of bail. Hence, the order :- 6. Each of the applicant is granted bail. Each of the applicant be released on bail in connection with C.R. No. I-223/11 registered with Karjat Taluka Police Station, Dist. Ahmednagar, in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). Each of the applicant shall execute P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). Each of the applicant shall report to ( 5 ) cria4862.11 the concerned police station on 2nd Saturday of every month till filing of the charge-sheet and six months thereafter. [R.Y. GANOO, J.] snk/2011/DEC11/cria4862.11