1 (crim appln 988 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 988 OF 2010 IN CRIMINAL APPEAL NO. 573 OF 2010 Shafiq Husain Ibrahim Shaikh and Anr. ...Applicants Vs. The State of Maharashtra ...Respondents ----- Mr.Prashant Gurav for Applicants Mr.P.S. Hingorani -APP for the State ----- CORAM: V.M. KANADE J. DATED: 17TH SEPTEMBER, 2010 P.C. 1. Heard the Learned Counsel for the Applicants and the learned APP for the State. 2. The Applicants have been convicted for the offence punishable under section 397 r/w. 34 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs.1,000/- each and, in default, to suffer further R.I. for six months. 2 (crim appln 988 of 2010) 3. It is submitted that no test identification parade has been held and the panch witnesses were turned hostile. No independent witnesses have been examined by the prosecution. 4. On the other hand, the learned APP for the State submitted that the Accused no.2 is an habitual offendor and several other criminal cases pending against him, which are of similar nature. He submitted that the complainant has identified the Applicants in the Court. 5. In my view, since both the panch witnesses were turned hostile and no test identification parade is held, the Applicants have good chances in succeeding in the appeal. The appeal may not be heard immediately in near future taking into the consideration the pendency of the cases in this Court, the Applicants, therefore, deserve to be released on bail. 3 (crim appln 988 of 2010) 6. The Applicants be released on bail on execution of P.R. Bond of Rs.5,000/- each with one or two sureties each. They shall report to the concerned police station once in a month. 7. Application is disposed of. (V.M. KANADE J.)