SKT 1 19.appln.3063.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3063 OF 2010 Naresh Parshuram Jadhav & Anr. .. Applicants V/s. The State of Maharashtra .. Respondent ..... Mr.D.A.Siddiqui, Advocate for Applicants Mr.K.V.Saste, APP for the State. ..... CORAM : A.R.JOSHI, J DATED : JULY 8th, 2010. P.C. 1. Heard the rival submissions at length today and also on previous date. The present application is preferred by two applicants for getting regular bail in the matter of offences punishable under Section 302, 396 read with 120 (B) of the Indian Penal Code. 2. The case of the prosecution in nutshell is that in the morning of 15.11.2009, the dead bodies of the victims i.e. elderly couple were found at their residence at Murud. Allegedly, SKT 2 19.appln.3063.10.sxw there was some land deal transaction between the deceased and some parties from outside. The entire case of the prosecution is based on circumstantial evidence, there is no eye witness. According to the prosecution. There are three witnesses saying that on the earlier night, three unknown young persons were at the house of the deceased and they had visited on that night and had overstayed. On the next day morning they were not available. However, the dead bodies of the elderly couple were found in the house. According to these witnesses, on the earlier night, the deceased male member, who was attending some meeting at the Grampanchayat and intermittently, was going back to his house in order to have the meeting with the unknown visitors. It is significant to note that the witnesses mention only about three unknown persons staying at the house of the victims on the relevant night. Subsequently, in the present matter, six accused persons were arrested including the present two applicants. The SKT 3 19.appln.3063.10.sxw present applicants were arrested on 9 th December 2009 and the Test Identification parade was conducted on 10 th December 2009. Apparently, all the identified witnesses have identified the present applicants in the said Test Identification parade. Apart from this Test Identification parade, there were two Test Identification parades conducted so far as other co-accused are concerned. For the arrest of three other co-accused, the 1 st Test Identification parade was conduced on 5 th December 2009. So far as one more co-accused is concerned, last Test Identification parade was conducted on 7 th January 2010. As such, according to the case of prosecution, in all the Test Identification parades, total six accused person were identified. So far as the present applicants are concerned, at the cost of repetition, it may be mentioned that they were allegedly identified by the witnesses on 10 th December 2009. On this, a query is asked by the Court as to what role was assigned to the present SKT 4 19.appln.3063.10.sxw applicants while they were allegedly identified. on 10 th December 2009. To this, the learned APP, on instructions from the Investigating Officer, submitted that there is no such specific role assigned but the Test Identification parade memorandum only mention regarding identification of the applicants. As such when according to the witnesses, they noticed only three unknown persons on the previous night staying with the deceased persons at their house, then, it is not explained how in all the Identification parades, they identified six persons without there being any specific role assigned to any of the accused including the present applicants. All the same, still if it is accepted that there was such identification, it will lead to the conclusion that on the previous night some persons were staying with the deceased, this would not again lead the Court to conclude that the present applicants and nobody else had committed the offences of Section 396, 302 read with 120(B) of the Indian Penal Code. Admittedly, apart from SKT 5 19.appln.3063.10.sxw the evidence of Identification parade, there is nothing in the matter so far as the present applicants are concerned and as such considering their custody since 9 th December 2009, their bail applications can be allowed on imposing condition of attending the concerned police station which is nearer to their residence. Hence the following order : O R D E R 1. The Criminal Application No. 3063 of 2010 is allowed. 2. Both the Applicants shall be released on bail on their executing P.R.Bonds in a sum of Rs.20,000/- (Rupees twenty thousand) each with one surety for the like amount each. In the event of availing the bail, the applicants shall attend the concerned nearest Police Station on every Sunday between 10.00 a.m. to 12.00 noon till the conclusion of trial. SKT 6 19.appln.3063.10.sxw (A.R.JOSHI,J.)