AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.852 OF 2009 IN CRIMINAL APPEAL NO.783 OF 2009 Raees Islam Qureshi ... Applicant Vs. The State of Maharashtra. ... Respondents Ms. Anjali Patil for the applicant. Ms. S.D. Shinde, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 11TH FEBRUARY, 2010. P.C.:- 1. The applicant was tried along with one another for offences punishable under Sections 397, 392, 494, 460, 302 read with Section 34 of the Indian Penal Code (for short, “the IPC”). By judgment and order dated 9/7/2009 the applicant was convicted, inter alia, under Section 302 read AJN 2 with Section 34 of the IPC and under Section 397 read with Section 34 of the IPC and sentenced him to suffer RI for life. The appeal filed by the applicant is admitted by this court. This is an application for bail. 2. The case of the prosecution is that the applicant, who is original accused 1 along with original accused 2 entered in a flat belonging to one Hanif Baig on 22/3/2002 and committed robbery and murder of Hanif Baig and Zarina Baig, the father and mother of PW-1 – Ibrahim Hanif Baig, the complainant. Learned counsel for the applicant submitted that the applicant is in jail for about 8 years. The evidence against him is the recovery of gold ear ring, silver glass and a pair of ankle belt . Apart from this, there is no evidence against the applicant. The applicant has not been identified in the identification parade. Learned A.P.P. confirms this. Learned counsel for the applicant has informed us that the applicant has been acquitted in the case arising out of C.R. No.89 of 2002. AJN 3 3. Considering this and the fact that the applicant is in custody for about 8 years, we direct that the applicant be released on bail in the sum of Rs.35,000/- (Rupees Thirty Five Thousand only) with one or two local sureties to make up the amount. While on bail, the applicant shall attend the Khar Police Station once in a month. The applicant shall furnish his proper address to the police which will be verified by the police. All necessary particulars will also be furnished to the police. Needless to say that if the applicant commits any breach of conditions, the police will be at liberty to move for cancellation of bail. 4. The application is disposed of. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]