IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1279 OF 2008 CRIMINAL APPLICATION NO. 1279 OF 2008 CRIMINAL APPLICATION NO. 1279 OF 2008 IN IN IN CRIMINAL APPEAL NO. 977 OF 2007 CRIMINAL APPEAL NO. 977 OF 2007 CRIMINAL APPEAL NO. 977 OF 2007 Dattaram Moreshwar Bhoir ...Applicant vs. The State of Maharashtra ...Respondent Mr.Rakesh Bhatkar for the Applicant. Mr.P.A. Pol, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : NOVEMBER 19, 2008 DATED : NOVEMBER 19, 2008 DATED : NOVEMBER 19, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been convicted for the offence punishable under Section 395 read with Section 398 of the IPC and sentenced to suffer RI for 7 years. 3. Prosecution case is that the complainant Parvatibai was grazing cattle near the Bombay-Goa Highway road and at the time, a while colour jeep came and stopped near her. This jeep was followed by a motorcycle. The motorcycle also stopped near Parvatibai - 2 - and Gewoo and two persons and one woman got down from the jeep. Two persons who were riding motorcycle also came towards Parvatibai and both of them snatched the golden chain from her neck. Thereafter, all of them boarded the jeep and escaped. Two persons who were on the motorcycle also boarded the jeep leaving motorcycle at the spot of the incident. The other co-accused have been released on bail. The Counsel for the applicant seeks bail on the ground of parity. It is submitted that no overtact has been attributed to the applicant. 4. The learned APP, on the other hand, submitted that this applicant has been identified by the witnesses in the test identification parade. It is submitted that the wintesses have attributed a specific overtact to the applicant. 5. In my view, since the other accused have already been released on bail and the act of snatching the golden chain from the nake of the complainant Parvatibai is attributed to accused no.1 only, the present applicant is also entitled to be released on bail. - 3 - 6. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Trombay Police Station, once in a month. 7. Application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)