1 BA 475.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 475 OF 2011 Mr. Subhash Shantaram Gaikwad & Anr. ... Applicants. V/s. The State of Maharashtra. ... Respondent. Mr. Pankah D. Kavale for the Applicants. Mrs. G.P. Mulekar, APP for the State CORAM : A.M. THIPSAY, J. DATED : 7th JUNE 2011. P.C. :- Heard Mr. Kavale, learned Advocate for the Applicants and Mrs. Mulekar, APP for the state. 2. With the assistance of the learned Counsel for the Applicant and the learned APP, I have gone through the charge-sheet. 3. The husband of the first informant was assaulted by about 7 to 8 persons on 10.8.2009. The assailants were not previously known to the first informant or her husband. The injuries caused by the said assault resulted in the death of the husband of the first informant. The Applicants are stated to be two of the said assailants. 2 BA 475.11.sxw 4. The Applicants are sought to be connected with the alleged offence only on the basis of their identification as two of the assailants. I find that the Applicants were placed in the test identification parade about a year after the incident. Three witnesses were supposed to identify the Applicants, but actually, only one of them identified them. The other two, which include the first informant herself, could not identify any of the Applicants. 5. Admittedly, except such identification by a solitary witness after about a year, there is no other material to connect the applicants with the alleged offence. 6. More over, there is substance in the contention of Mr. Kavale that the case of the present Applicants for bail is better than that of the co-accused, who have already been released on bail. 7. Under these circumstances, I am inclined to release the Applicants on bail, subject to certain conditions. 8. The Applicants are ordered to be released on bail in the sum of Rs.20,000/- each with one surety in like amount, on the condition that the Applicants shall not contact, meet or approach any of the prosecution witnesses, in any manner whatsoever. (A.M. THIPSAY,J.) 3 BA 475.11.sxw