[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1940 OF 2008 Mr.Amit @ Lalla Foolchand Kaushal ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Vaibhav G.Bagade and Narendra R.Dhanawade Advocate for Applicant Mr.H.J.Dedia 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.374 of 2007 of Oshiwara Police Station, Dist.Thane. The said case is mainly under Section 302 of IPC. 3. Adnan a young boy of 16 years, came to be kidnapped for ransom of Rs.2 crores which was demanded from his father for releasing Adnan. Thereafter dead body of Adnan was found. Two [-2-] witnesses i.e. Dylan and one Roger have stated that they heard the applicant and other accused persons discussing that father of Adnan is a rich person and they would kidnap Adnan and demand substantial money from him. At that time, it was also discussed that Adnan would be finished. Besides this, deceased Adnan was last seen in the company of the applicant and other accused persons. The witnesses have seen Adnan with applicant at different places. Thereafter, Adnan was found murdered. 4. The learned advocate for the applicant submitted that the test identification parade has been held after an inordinate delay of two months and there are several lacunae in respect of test identification parade, hence, identification by the witnesses of the applicant in such test identification parade, cannot be relied upon. In my opinion, at this stage, there is sufficient material to show the involvement of the applicant in the crime. Lacunae in holding test identification parade is an aspect which can be gone into only at the time of trial. Looking to the material on record, I do not think that this is [-3-] a fit case to grant bail to the applicant. 5. Application is rejected and is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]