BA-348-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.348 OF 2011 Ganesh Mani Narianswamy Harijan @ Ganya ... Applicant V/s. The State of Maharashtra ... Respondent Mr. S.V. Kotwal, i/b. Mr. U.N. Tripathi, for the Applicant. Mrs. N.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 30 TH JUNE, 2011. P.C. : 1. Heard. 2. The incident has taken place on 24th June, 2009. It appears from the F.I.R. that there were four assailants, none of whom were previously known to the First Informant. One of the assailants was being addressed as ‘Ganya’ by the other assailants. The Applicant came to be arrested on 22nd November, 2010. 3. Mr. Kotwal, the learned Advocate for the Applicant, contended that there was no material in the entire Charge Sheet to establish the identity of the Applicant as one of the assailants. That this is so, it is conceded by the learned APP. What is submitted is that, on 30th May, 2011, a test identification parade was held, and that, in that parade, the First Informant-Mohammad Arif and two other witnesses BA-348-11.sxw 2 Dixit identified the present Applicant. This parade has been held after the present application was filed. Whether an additional Charge-Sheet has been filed, is not clear. In any case, except the identification of the Applicant as one of the assailants made after about two years from the alleged incident, there is no other material to connect the Applicant with the alleged offence. 4. Under these circumstances, I am inclined to release the Applicant on bail. 5. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount. The Applicant shall attend the concerned Police Station and make himself available for investigation/interrogation as and when required by the Investigating Officer. [A.M. THIPSAY, J.]