BA-651-11-Group.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.651 OF 2011 Ravi Ramesh Kale ... Applicant V/s. State of Maharashtra, Thru' Roha Police Station, Raigad ... Respondent ALONG WITH CRIMINAL BAIL APPLICATION NO.555 OF 2011 Rangya @ Rangnath Subhash Pawar ... Applicant V/s. State of Maharashtra, Thru' Roha Police Station, Raigad ... Respondent AND CRIMINAL BAIL APPLICATION NO.558 OF 2011 Dade Laxman Pawar ... Applicant V/s. State of Maharashtra, Thru' Roha Police Station, Raigad ... Respondent Mr. Ganesh Gole for the Applicants. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 10 TH JUNE, 2011. P.C. : 1. Heard Mr. Gole, the learned Advocate for the Applicants, and Mr. Sasate, the learned APP for the Respondent. BA-651-11-Group.sxw 2 Dixit 2. All these Applicants are accused in Sessions Case No.44 of 2010 pending before the Additional Sessions Judge, Mangaon, District Raigad. As per the First Information Report, lodged on 2nd July, 2010, the incident took place on 1st July, 2010. The offenders were three unknown persons. Mr. Gole has pointed out that in the course of investigation, actually seven persons came to be arrested as the culprits. He also pointed out that though, as per the F.I.R., only three offenders were seen by the First Informant, in the Test Identification Parade, which was held, he identified four persons. 3. The Applicant in Bail Application No.651 of 2011 and the Applicant in Bail Application No.558 of 2011 were arrested on 15th July, 2010. The Applicant in Bail Application No.555 of 2011 is arrested on 9th October, 2010. It appears that Dade Laxman Pawar, (the Applicant in Bail Application No.558 of 2011), was placed in a Test Identification Parade held on 27th August, 2010, when the First Informant identified him as one of the culprits. A co- accused Shiva Rangya Pawar was also placed in the Test Identification Parade on that day and he was also identified by the First Informant. A co- accused Vinod Kale was also placed in the Test Identification Parade on the same day and he was also identified by the First Informant. The Applicant in Bail Application No.651 of 2011 - Ravi Ramesh Kale - was also placed in the Test Identification Parade on the same day and he was also identified by the First Informant. 4. The entire robbed property is said to have been recovered from Smt. Mangala, the wife of Rangya Pawar-the Applicant in Bail Application No.555 of 2011. BA-651-11-Group.sxw 3 Dixit 5. It is, indeed, mysterious that though the First Informant had seen only three offenders, four accused were placed in Test Identification Parade and were identified by the First Informant. 6. The Test Identification Parade in respect of Rangya Pawar, the Applicant in Bail Application No.555 of 2011 was held on 20th February, 2011, when the First Informant is supposed to have identified him. It also appears that the supplementary statements of the First Informant and his wife were recorded on 22nd February, 2011, stating that at the time of lodging F.I.R., though mention of only three offenders was made, actually there were six persons, who had entered inside the house of the First Informant. 7. Even assuming that the disclosure of the involvement of more persons was, indeed, made by the First Informant and his wife on 22nd February, 2011, how, in the Test Identification Parade held on 27th August, 2010, four suspects were placed is difficult to understand. It is further difficult to understand how all the four came to be identified; and how, in spite of this, it did not occur to the First Informant and other witnesses that those were mere offenders than three. 8. No role has been attributed to any of the identified accused either in the memorandum of the Test Identification Parade or in the supplementary statement of the First Informant that has been recorded. In the aforesaid background, this is significant. 9. The investigation does not appear to be sincere or proper. Though investigation has been carried out much subsequent to the filing of the Charge-Sheet, no supplementary Charge Sheet has been filed and the copies BA-651-11-Group.sxw 4 Dixit of the supplementary statements of the witnesses have not been furnished to the accused persons, though the trial is about to commence. 10. Considering all the relevant aspects of the matter, I am inclined to release all the Applicants on bail. 11. A claim was made, in the course of the hearing of this application that Dade Laxman Pawar – the Applicant in Bail Application No.558 of 2011 - is a juvenile. An order was passed by this Court on 5th May, 2011 directing the trial Court to hold an inquiry into his age and take proper action, thereafter, in accordance with law. No report has yet been received from the trial Court. Though the said Applicant-Dade is being released on bail, an inquiry into his age, as directed, must be made. 12. The Applicants are ordered to be released on bail in the sum of Rs.20,000/- each, with one surety each, in like amount, or two sureties each in the sum of Rs.10,000/- each. 13. The trial Court is directed to hold an enquiry expeditiously into the age of the Applicant-Dade Laxman Pawar and then proceed in the matter in accordance with law. The trial Court is directed to report compliance. [A.M. THIPSAY, J.]