BA-159-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.159 OF 2011 Sunil Balasaram Jadhav ... Applicant V/s. The State of Maharashtra, Thru' Tokwade Police Station ... Respondent Ms. Anjali Patil for the Applicant. Mrs. R.V. Newton, APP, for the Respondent, The Investigating Officer is present in person. CORAM:- A.M. THIPSAY, J. DATED :- 12 TH JULY, 2011. P.C. : 1. Heard. 2. With the assistance of the learned Advocate for the Applicant and the learned APP for the Respondent, I have gone through the Charge-Sheet. 3. The incident of dacoity has taken place on 22nd September, 2008. The offenders were said to be about 10 to 15 unknown persons. In the course of investigation, the Applicant and some others came to be arrested as the culprits. The Applicant was placed in the Test Identification Parade held on 24th November, 2008. The First Informant and the witness-Bapu Bhoir, however, failed to identify the Applicant in the Test Identification Parade. Strangely, one Dattatray Gopal BA-159-11.sxw 2 Dixit Phulsunde is said to have identified the Applicant in the same Test Identification Parade. It appears that the said Dattatray Phulsunde is a victim in respect of another dacoity, which took place at the same place. How the facts of that case can be included in this case is a mystery. On specific questioning, the learned APP, on instructions from the Investigating Officer, states that both the cases have been clubbed together as both the dacoities had taken place at the same place. This answer cannot be accepted. 4. The only material to connect the Applicant with the alleged offence is the recovery of the robbed watch at his instance. 5. The Applicant is in custody since 10th October, 2008. The trial has not even commenced. 6. Considering all the relevant aspects of the matter, including the nature of material that is available against the Applicant, I am inclined to release him on bail. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.25,000/-, with one surety in like amount, or two sureties in the sum of Rs.12,500/- each. [A.M. THIPSAY, J.]