1 Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.299 OF 2009 IN CRIMINAL APPEAL No. 235 OF 2009. Mohd. Iqbal Kitwallab Choudhary and Anr .. Applicants. vs. The State of Maharashtra ..Respondent. Smt Anjali Patil, Advocate for the Applicants. Smt M. H. Mhatre, A.P.P.,for the State. CORAM: : A.R. JOSHI,J. DATE : 23.06.2009. P.C.:- 1. Heard rival submissions for some time. It is the bail application filed by the original accused Nos. 2 and 3 during the pendency of their appeal which is already admitted by this Court. Reportedly, along with other co- accused, present applicants were convicted for the offence punishable under Sections 395, 397 and 120-B of the Indian Penal Code. Maximum punishment imposed against the 2 applicants is ten years with fine. Reportedly, fine amounts are already deposited. 2. It is the factual position that during the trial before the Sessions Court, the applicants were released on bail. The alleged incident of dacoity took place somewhere on 10-8-2005 and during which some five persons, alleged associates of the present applicants, took active roles in snatching the amount, about Rs. 13 lakhs and odd from the complainant P.W.1 on the threats of a revolver. Allegedly, the roles attributed against the present applicants are that they drove away said five persons from the spot on their motor cycles. Apparently, after the arrest of the applicants, which is after about two and half months of the incident, they were put to test identification parade, in one parade by placing the total six accused including the present applicants in the T.I.parade. Reportedly, in the said T.I. Parade which was conducted after about 2 and half months from the date of arrest of the applicants, they were identified by P.W.1. Out of total prosecution witnesses, 25 in numbers, only the incriminating evidence against the applicants is that of P.W.1, and that also as to their identification in the T.I., parade and in the trial Court. 3. From the above circumstances, it transpires that there should not have been any conviction for the offence 3 punishable under Section 397 of the I.P.C., against the applicants, however, that aspect shall be dealt in detail at the time of hearing of the appeal. 4. Considering the above circumstances, in the opinion of this Court, the present applicants can be released on bail on imposing certain conditions. 5. In the result, the applicant  accused Nos. 2 and 3 be released on bail on their executing P.B. Of Rs. 15,000/- each with one surety in the like amount or two sureties for Rs. 7,500/- each. 6. After availing bail as above, the applicants shall attend J.J. Marg Police Station, Mumbai once in every month on the first day between 8.00 p.m., to 12.00 p.m.till hearing and final disposal of their pending appeal. 7. Any observation made in this order shall not be construed as finding or expression on merits of the appeal at the time of hearing. 8. With these directions, bail application is disposed of. (A.R.JOSHI,J)