jpc ba1220-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINALBAIL APPLICATION NO. 1220 OF 2011 Mr. Suraj Sanjay Bhoir ... Applicant Versus The State of Maharashtra ... Respondent Ms. Revita Mohite-Dere a/w Ms. Gulestan M.Dubash i/by Smt. Smita Deokar, for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 12th August, 2011. P.C. : 1. Heard Ms. Revita Mohite-Dere, the learned advocate for the applicant and Mr. Saste, the learned APP for the State. 2. I have glanced through the bail application and the annexures thereto. 3. The applicant is said to be one of the dacoits who committed dacoity on 14th April, 2011. The first information report mentions the offenders to be 'unknown'. Though part of the robbed property has been recovered, no part thereof has been recovered at the instance of the present applicant. The applicant is connected with the alleged offence only on the basis of his identification by a solitary witness i.e. the first informant himself. Some infirmities in the test identification jpc ba1220-11.sxw 2 parade have been pointed out to me. Statement of the policeman, who might have been able to identify the culprits, has not been recorded. 4. The only weapon appears to have been used in the incident is a wooden rod, which was found lying near the place of the incident itself. 5. I find that the applicant has been connected with the alleged offence only on the basis of his identification as one of the culprits in a test identification parade, which, to say the least, has not been held in accordance with the prescribed norms. There are no antecedents. The applicant is in custody since 20th April, 2011. 6. Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs.25,000/- (Rupees twenty five thousand) with one surety in like amount, or two sureties in the sum of Rs.12,500/- each. (A.M. THIPSAY, J.)