1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3831 OF 2009 1. Sachin Sudam Walke 2. Rahul Sanjay Walke ........ Applicants versus The State of Maharashtra ........Respondent. Mr. K.M. Irani i/b. A.A. Kocharekar adv. for the Applicants Mrs. M.R. Tidake APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 09th September,2009. P. C.: 1. Not on board. Mentioned. 2. The learned counsel for the applicants does not press this application under sec. 439 of Cr.P.C. so far as the applicant no.1 Sachin Sudam Walke is concerned. Hence the application to the extent it relates to the applicant no.1 Sachin Sudam Walke, stands rejected. 3. In C.R. No. 122/09 offence punishable under sections 394, 397 of IPC has been registered by Lonikand police station pursuant to an FIR lodged by the complainant wherein it is alleged that a sum of Rs. 5000/- came to be robbed from him by some unknown persons. In the submission of the learned counsel for the applicant no.2, applicant no.2 has not been identified as the person who 2 either robbed the complainant and/or assaulted his companion. As the applicant no.2 has not been identified in test identification parade, there is nothing to connect the applicant no.2 with the crime. It is also not in dispute and the learned APP on instructions from investigating officer confirms, that no recovery has been made from applicant no.2 Rahul Sanjay Walke. The applicant no. 2 appears to have been arrested on suspicion. In the absence of any identification and/or recovery there is no sufficient material on record to connect applicant no.2 with the crime. It is also categorically stated by the learned APP on instructions from investigating officer that there are no criminal antecedents to the applicant no.2. Having regard to the totality of the facts and circumstances, I am of the view that the applicant no.2 is entitled to be released on bail. In the result I pass the following oder. 4. The applicant no. 2 Rahul Sanjay Walke shall be released on bail on executing personal bond in the sum of Rs. 20,000/- with one or two sureties in the like amount. The applicant no.2 after his release shall attend Lonikand police station once in a fortnight in between 6 to 8 p.m. on Saturday, till completion of the trial. 5. Liberty to the applicant no.1 to move separate bail application before the trial court. (A. P. Deshpande, J.)