1409appln1335.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1335 OF 2010 (Sheikh Naim Sk. Lal Vs. State of Maharashtra) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. R. M. Daga Advocate for the applicant. Mr. J. B. Jaiswal, A.P.P. for respondent-State. CORAM : A.P. BHANGALE, J. DATED : 14 th September, 2010. This Court by an order dated 8th September, 2010 had called for details by an affidavit of close relatives of the applicant regarding proposed two sureties who can ensure the presence of the applicant in the Sessions trial pending in the Sessions Court at Amravati. The learned A. P. P. was also called upon to take instructions as to what had happened to the application made by the accused complaining that their test identification parade was held in front of the police station. The application made on 26/5/2010, to which say of the Investigating Officer was called upon by the learned J. M. F. C., Nandgaon Khandeshwar. According to the learned Advocate for the applicant, a test identification parade was conducted in the police station. For the sake of argument, if it is assumed that the witnesses identified the applicant, it would be of no consequence as such vital defect cannot be cured by saying that subsequent test parade can be conducted in the jail. 1409appln1335.10.odt 2/2 Be that as it may, the merits of the sessions case will have to be considered when prosecution lead the evidence at trial. At this stage, case for conditional bail is made out considering that the father of the applicant has filed an affidavit proposing name of two sureties to ensure the presence of the applicant at the sessions trial. In view of this, I pass the following order.: The applicant shall be released on bail upon his executing PR bond in the sum of Rs. 30,000/- with one or more surety/sureties in the equal amount, provided that; (i) he shall not tamper with the prosecution evidence in any manner, (ii) he shall inform his fixed address with telephone/ mobile number, if any, to the Investigating Officer and the trial Court and shall inform change in the address, if any, during the pendency of the trial, (iii) the applicant shall attend on each date of hearing in the trial Court and he shall not misuse the liberty in any manner. The application is disposed of accordingly. JUDGE wwl