[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2484 OF 2008 Prabhu Nagesh Devendra ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Ashish Boraskar Adv. i/b Lalla and Lalla for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 7, 2008 DATE : AUGUST 7, 2008 DATE : AUGUST 7, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.61 of 2008 of Wadala Police Station, Mumbai. The said case is mainly under Sections 392 and 397 of IPC. 3. There is no recovery at the instance of the applicant. The only material relied upon by the prosecution is that the applicant has been identified in the test identification parade held on 13.5.2008. The learned advocate for the [-2-] applicant has pointed out that the incident occurred at 5 a.m. At that time, lights in the house of complainant were off. Moreover, the complainant has stated that he could not properly see the accused persons, hence, I find much merit in the submission of the learned advocate for the applicant that identification of the applicant in test identification parade, cannot be relied upon. Hence, I am inclined to grant bail. 4. The applicant-Prabhu Nagesh Devendra to be released on bail in the sum of Rs.35,000/- (Rs.thirty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Wadala Police Station, Mumbai once in a week till conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]