1 BA 415-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.415 OF 2011 Sachin Suresh Divekar ..Applicant V/s. The State of Maharashtra ..Respondent Mr.R.B.Raghuvanshi i/b. Mr.P.L.Sapkale, Advocate, for the Applicant Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 18TH APRIL, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by a person, who is in jail for almost more than one year for the offence of dacoity in a moving train and who is arrested in connection with C.R.No.168 of 2009 for the offence punishable under Sections 354, 394, 396, 397, 120B, 109, 201 of the Indian Penal Code & 2 BA 415-2011 under Section 37(1) & 135 of the Bombay Police Act registered with Kalyan Railway Police Station. The applicant is alleged to have used a Sword at the commission of offence. Though the Sword has been recovered under panchanama under Section 27 of the Indian Evidence Act, & the Sword was found to have blood stains of human blood, but those blood stains were not identified as that of any victim. Apart from this, applicant was identified at the T.I.Parade but the role of the applicant was not ascertained either by the officer conducting T.I.Parade or investigating officer recording statement of eye witness after the parade was held. The learned APP states that identification parade was held as per the guide lines issued by the High Court & since the instructions do not contain anything to require the officer holding the parade to ascertain the role of the accused, the relevant columns in the chart prepared by the Executive Magistrate have been 3 BA 415-2011 filled up by the Magistrate without mentioning the role of the accused who was paraded. First, if there is any deficiency in the guide lines issued by the High Court, the learned APP may apply to have those guide lines corrected. Secondly, it is a matter of common sense that when a person is paraded at T.I.Parade, mere identification without ascertaining the role would be futile. The investigating officer could record statements of witnesses after parade was over by showing the accused to the witnesses and ascertaining the role which accused is supposed to have played. After the parade is held, there would be no bar for the investigating officer for showing the accused to the witnesses. Therefore, in the absence of specific role attributed to the applicant in the T.I.Parade held, applicant's being in custody pending the trial may not be necessary. Applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties 4 BA 415-2011 in the aggregate sum of Rs.50,000/- on the condition that the applicant shall report at the Kalyan Railway Police Station on the 1 st Sunday of the month between 10:00 a.m. to 1:00 p.m. till the trial is over. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)