jpc ba1111-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1111 OF 2011 Shrikant Dattatray Shinde ... Applicant Versus The State of Maharashtra ... Respondent Mr. R. D.Suryawanshi, for the applicant Mr.K. V. Saste, APP for the State Mr. Satyavrat Joshi for the Intervenor CORAM:- A.M. THIPSAY, J. DATED :- 4th August, 2011. P.C. : 1. Heard Mr. Suryawanshi, the learned advocate for the applicant, Mr. Saste, the learned APP for the State and Advocate Mr. Joshi for the first informant, who is permitted to appear and make submissions to oppose the bail application. 2. One Rajesh Narayan Jadhav was assaulted and murdered on 1st July, 2010. His brother lodged a report with the Police, based on the information given to him by one Sanjay Rokade, who is an eye witness to the incident of assault. Sanjay Rokade did not know the assailants and therefore, the assailants were described as unknown persons. On 6th July, 2010, totally four persons, including the applicant, came to be jpc ba1111-11.sxw 2 arrested on the allegation of having committed the murder of the said Rajesh Jadhav. 3. Mr. Suryawanshi drew my attention to the supplementary statement of the first informant, recorded on 13th July, 2010 i.e. after the arrest of the present applicant and the other accused. He pointed out that even in that statement the first informant did not express any suspicion against the present applicant, though he was supposed to be aware of the arrest of the applicant. My attention is also drawn to the another supplementary statement of the first informant, recorded on 14th July, 2010, in which he speaks of having learnt about the involvement of the present applicant from the police. 4. Since the assailants were stated to be unknown by the eye witness, it was necessary for the investigating agency to get the identity of the applicant as one of the assailants established in the course of investigation. The investigating officer, who is present before the Court, told that the test identification parade was held on 28th July, 2010. However, the memorandum of the test identification parade is not found in the charge-sheet. It is also not available with the investigating officer. The Investigating Officer states that it has been filed with the Court of Sessions. According to the Investigating Officer, he has not seen the memorandum of test identification parade. No statements of jpc ba1111-11.sxw 3 the identifying witnesses have been recorded after the test identification parade. 5. Since there is no material to establish the identity of the applicant as one of the assailants inspite of the fact that the applicant is in custody for a period of more than one year, I am inclined to release the applicant on bail. 6. The application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs. 30,000/- (Rupees thirty thousand) with one surety in like amount. (A.M. THIPSAY, J.)