1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2801 OF 2009 Hanmantu Yamannappa Jadhav ........ Applicant versus The State of Maharashtra ........Respondent. Mr. V.V. Purwant adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 29th August, 2009. P. C.: 1. The learned counsel for the present applicant who is original accused no.6 by name Hanumantu Yamannappa Jadhav submits that the applicant is in custody since November 2008. It is then submitted that similarly situate accused by name Dharmaraj Shivanna Shikalwad who was accused no.5 in the same crime bearing no. 274/08 has been released on bail and hence it is contended that the present applicant also needs to be granted bail at par with Dharmaraj. 2. Perusal of the order passed in criminal application No. 2123/09 reveals that Dharmaraj has been released on bail as he was not identified as the person involved in the commission of the crime in test identification parade. The FIR has been lodged 2 against unknown persons who had assaulted and robbed the complainant at night. Offences under sections 395, 397 read with 34 of IPC has been registered. The present applicant is also not identified in the test identification parade. Some articles are shown to have been recovered from the applicant and barring that there is no other circumstances, which can connect the applicant with the crime. The learned APP does not dispute that the case of the applicant is at par with the case of Dharmaraj and hence the applicant is entitled to parity. 3. In the result, and for the reasons recorded in the order dated 30th June 2009, I direct that the applicant shall be released on bail on executing personal bond in the sum of Rs, 25,000/- with one or two local sureties in the like amount. The applicant shall report the concerned police station on every Saturday between 6 to 7 p.m. till conclusion of the trial. The application is disposed of. (A. P. Deshpande, J.)