1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 437 OF 2010 IN CRIMINAL APPEAL NO. 223 OF 2010 Kiran Gopal Lat @ Koli ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Rahul Madan More for Applicant Mrs.P.P. Bhosale - APP for State ------ CORAM: V.M. KANADE J. DATED: 21ST APRIL, 2010 P.C. 1. Heard the learned Counsel for the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under sections 392, 395, 397, 342 r/w. 34 of the Indian Penal Code and sentence to suffer R.I. for 7 years. 3. The prosecution case is that the Complainant and his friends were going in a Maruti Van to the RCF Firm at Thal, Alibag, Dist. Raigad. When the vehicle reached the Home-guard Office at Village Ghondhal- 1 pada, the Accused Nos.1 and 2 along with others stopped the car and opened the door of the car and abused the Complainant. They dragged the Complainant out of the Maruti van and assaulted the Complainant and their friends and Accused Nos.1 and 2 took away a cash of Rs.15,000/-, wrist watch, mobile of Reliance Company and gold ring. According to the accused, the Complainant had undertaken work of installation of new organ plant in the company and 15 to 20 workers were working under his supervision. Some of the complaints were received against the Accused Nos.1 and 2 and, therefore, the Complainant took up the matter to the management, who in turn prevented the accused Nos.1 and 2 from entering into the company. 4. In the present case the Applicant is an accused no.4, who was not identified by any of the prosecution witnesses. No test identification was held. There is no recovery of the ornaments at the instance of the present Applicant. It is, however, alleged that one wooden stick was recovered at his instance. It does appear that practically there is no material on record to implicate the Applicant in the commission of offence. The other two accused have been released on bail by this Court on 16 th April, 2010. Therefore, the Applicant deserves to be released on bail on the ground of parity. 1 5. The Applicant be released on bail on execution of P.R. Bond of Rs.5,000/- with one or two sureties in the like amount. He shall, however, report to the concerned police station once in a month. 6. Application is disposed of. (V.M. KANADE J.)