[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1981 OF 2008 Bishan @ Vishnu Suryanarayan Mukhiya ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Dattatraya Shrirang Mane Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 17, 2008 DATE : JULY 17, 2008 DATE : JULY 17, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.366 of 2007 of Mulund Police Station, Mumbai. The said case is mainly under Sections 395 of IPC. 3. The complainant has identified the applicant as having taken part in the dacoity. The learned advocate for the applicant submitted that the test identification parade has been held after one and half month of the incident. In my opinion, that is [-2-] an aspect which can only be gone into at the time of the trial. The learned APP stated that at present the trial is going on and one witness has already been examined. Looking to this fact, I do not think that this is a fit case to grant bail to the applicant at this stage. 4. Application is rejected and is disposed of accordingly. In case, the trial is not concluded by 30.10.2008, liberty is granted to the applicant to prefer a fresh application for bail. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]