IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 327 OF 2009 IN CRIMINAL APPEAL No.1308 OF 2008 Mohd Salim Ansari. .. ..Applicant. vs. The State of Maharashtra.. ..Respondent. Khan Abdul Wahab for the applicant. Ms M.H. Mhatre, A.P.P.for the State. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 28TH APRIL,2009. DATED : 28TH APRIL,2009. DATED : 28TH APRIL,2009. P.C.:- P.C.:- P.C.:- 1. Heard rival submissions for some time. 2. The applicant has filed this application for bail in an appeal pending before this Court against the conviction for the offence punishable under Section 395 read with section 398 of the I.P.C. i.e. attempt to commit dacoity, armed with deadly weapons. The applicant is sentenced to suffer R.I.for seven years. 3. Since the date of his arrest i.e. 1.10.2005 the applicant is in jail till this date and has undergone nearly half the sentence. The incident of attempt to commit robbery occurred on 26.9.2005 and the co-accused was apprehended on the spot and subsequently the present applicant was arrested.Reportedly, he was identified by P.W.1 in test identification parade which was conducted at Thane jail. However, the case of the prosecution that no such T.I.parade was conducted at Thane jail in which the applicant was put for identification but it was conducted at Arthur road jail. According to the other witness P.W.7, accused no.5 Salim (the present applicant) was shown to him and was told that he was one of the dacoits in the matter. 4. Considering the above circumstances and considering that nearly half of the sentence has been already undergone by the applicant, in the opinion of this Court, he can be released on bail on certain conditions. a. Applicant be released on bail on his executing a P.R.bond in the sum of Rs. 15,000/- with one surety in the like amount to the satisfaction of the Sessions Court at Sewree,Mumbai. b. After availing the bail he shall attend Santacruz,Police Station, Mumbai once in a week on every Monday between 10.00 a.m. to 12.00 noon till disposal of the appeal. 5. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the appeal. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)