1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.189 OF 2008 WITH CRIMINAL APPLICAITON NO.223 OF 2008 Abdul Vajid Abdul Basit Sayyed ..Appellant. V/s. The State of Maharashtra. ..Respondent. Mr.S.V.Marwadi for Avinash Rasal for Appellant. Mr.K.V.Saste, APP for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 10, 2008. DATE : APRIL 10, 2008. DATE : APRIL 10, 2008. P.C. : P.C. : P.C. : 1. Heard. 2. Arguable questions are raised. Appeal is admitted. 3. Insofar as the Bail Application is concerned, having regard to the fact that the Appellant/Applicant was on bail althroughout during the trial and no untoward incident has been reported during the said period; coupled with the fact that I find force in the argument of the Appellant/Applicant that there is no evidence to establish the fact that the Applicant/Accused No.3 was identified by any 2 prosecution witness during the identification parade, which raises doubt about the involvement of the Applicant in the commission of the offence. Therefore, the Applicant deserves to be enlarged on bail, as it is unlikely that the Appeal be heard in the near future. Accordingly, the Application for bail is allowed on the following term: The Appellant/Applicant Abdul Vajid Abdul Basit Sayyed is ordered to be released on bail on the same terms and conditions, on which he was on bail during the trial, subject to furnishing fresh bond. 4. Application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)