1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5430 OF 2010 Manjit Karam Singh Ujjainwal ...Applicant. v. The State ...Respondents. Mr. I.A.Shaikh ,adv. For the Applicant. Smt.G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 27, 2011. P.C. 1 Applicant seeks to be released in C.R.No.102 of 2010 registered by Nerul police station under Section 395 of the I.P.C. 2 Heard. It appears that first information was lodged by one Bhimsen Tapase and according to him, during the night between 6.4.2010 and 7.4.2010 at about 1 a.m., after completing his duty, he was returning home and near the bus-stop at the Air India Colony, one rickshaw came from the opposite side and four persons alighted and they by assaulting him and giving threats with a rod, snatched away an amount of Rs.9,000/-, mobile set, Pan Card, ATM card, etc. from him. He gave description of those four persons in the F.I.R. and case was registered under Section 392 IPC on 11.6.2010. His supplementary 2 statement was recorded. It shows that police had informed him that infact five persons were involved in the commission of crime and he also stated that he identified only four persons during the test identification parade. Section 395 was added after the police detected that in all five persons are involved. Admittedly, the present applicant was not identified as culprit during the test identification parade. Three other accused persons, who were identified in Test Identification Parade are already granted bail. Present applicant has no criminal antecedents. 3 Therefore, the applicant be released on his executing PR of Rs.5,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H. BHATIA,J.)