1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5564 OF 2009 Dularchand Bhupender Kamat ...Applicant vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant i/b. Mr.R.D. Suryawanshi for the Applicant. Mrs.S.D. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 16, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Section 302 read with 34 of the IPC registered vide C.R.No.I-274/2007 at Central Police Station, Ulhasnagar, District Thane. 2 3 It is submitted that the statements of the so called witnesses have been recorded after the arrest of the present applicant. It is further submitted that no test identification parade has been held. It is further submitted that in the first statement of the eye witness, he does not mention the presence of the present applicant. It is further submitted that the two other co-accused have been granted bail. 5 Since admittedly this is the position as submitted by the Counsel for the applicant, in my view, the applicant deserves to be released on bail. 6 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 7 Application is disposed of. (V.M. KANADE, J.) 3