MP 1 BA1475_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1475 OF 2011 1. Sagar @ Chanya Ashok Beg 2. Shahrukh Razzak Shaikh ... Applicants Versus State of Maharashtra ... Respondent Mr. Ganesh Gole, Advocate for the Applicant. Smt. R.V. Newton, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 15TH NOVEMBER 2011 P. C. : The applicant No.1 Sagar Ashok Beg, who is the accused No.4 and the applicant No.2 Shahrukh Razzak Shaikh, who is the accused No.6, seek to be released on bail in Crime No.71 of 201 registered at Nashik Road Police Station for the offences punishable under Sections 302, 307, 341, 142, 143, 147, 148, 149, 120-B of the Indian Penal Code as well as under the provisions of the Arms Act. 2. Prosecution case, in brief, is that the first informant Papa Shaikh was the police informer and police had seized certain country-made pistols and other weapons on the basis of the information given by him. On 07.03.2011, he was proceeding from Kalyan to Shirdi along with his wife, two sons and some other persons. At about 8.00 or 8.30 p.m., when his vehicle reached near Village Palase at Nashik-Pune Road, three motorcycles came from the opposite side and stopped in front of the vehicle of Papa Shaikh near Kiran Hotel. Five known and some unknown persons were on those motorcycles. Those persons began firing on Papa Shaikh, because they were under the impression that the police had seized weapons on the basis of the information given by Papa Shaikh. Four of them were armed with revolvers and others were armed with swords, knives, etc. They assaulted on the head of Papa Shaikh with sword MP 2 BA1475_11 and knife and also started firing at his friends and friends' children. Later on Papa Shaikh and other injured persons were taken to the hospital. During the said incident, Ganesh, son of one Lalita Patil was injured and finally he died because of injuries of firearm. 3. On 07.03.2011, the F.I.R. was lodged by Papa Shaikh giving names of the persons, who were known to him. On the same day, the eyewitness Lalita Patil, who was present in the vehicle, had given names of some of the culprits and had stated that she would be in a position to identify the culprits, if shown. Test identification parade was held on 26.04.2011 and 29.04.2011. On 26.04.2011, applicant No.1 Sagar Ashok Beg was identified by three witnesses including Lalita Patil. On 29.04.2011, applicant No.2 Shahrukh Razzak Shaikh was identified by one person. 4. The learned Counsel for the applicants vehemently contended that the procedure followed for test identification parade was not correct and the test identification report is liable to be rejected, particularly because a common report has been submitted for test identification parade held on two different dates. It is material to note that applicant No.2 Shahrukh was not identified by a number of witnesses, who were called to identify the culprits. He was identified only by one person namely Sunil Lahare who had failed to identify the applicant No.1 Sagar Beg on the earlier date. Record reveals that on 26.04.2011, Lalita Patil, Salim Khaja Shaikh and Vinod Jadhav had identified applicant No.1 Sagar. In the said incident, one person was killed and several persons were injured. In the said incident, firearms and other sharp and cutting weapons were used. Taking into consideration the facts, in my opinion, applicant No.1 Sagar, who is identified by three persons, cannot be granted bail. However, as the applicant No.2 Shahrukh was not identified by a number of persons, except one, in my opinion, it would be in the interests of justice to grant bail to him, particularly because there is no recovery from him. MP 3 BA1475_11 5. Therefore, Applicant No.2 Shahrukh Razzak Shaikh be released on his executing P.R. of Rs.25,000/- with one solvent surety with condition that he shall not tamper with the prosecution evidence and shall also attend Nashik Road Police Station on every Saturday between 4.00 to 6.00 p.m. till the end of the trial. 6. Application of applicant No.1 Sagar Ashok Beg stands rejected. (J. H. BHATIA, J)