1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 27 OF 2010 Firoz Ismail Mulani .. Applicant V/s State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Rahul Kadam for the applicant. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 15TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No.103 of 2009 registered at Talegaon Dabhade Police Station, District Pune, for an alleged offence punishable under sections 382, 365, 504 read with 34 of the I.P.C. 2 3. The prosecution case in short is that on 28th May 2009, Tanaji Baban Pawar, a driver by profession was driving Tanker No. MH-12-DG- 837 carrying soyabean oil at about 1.30 p.m. at night. When he crossed Talegaon Naka, one Scorpio Jeep came across and stopped the tanker. Four persons got down, pulled him out and made their way with the tanker as well as the Scorpio Jeep. After some time, the complainant called the owner and lodged a F.I.R. The description of the persons was given by the driver. After the investigation, the applicant along with other accused were arrested. Test identification parade was held and the applicant has been identified by the complainant. 4. Learned counsel for the applicant submitted that in the F.I.R. the complainant had given the ages of the accused persons between 25-30 years while the applicant was only 19 3 years and therefore the identification of the applicant in the test identification parade is erroneous. There may be some mistake in estimating the age of the accused, but that would not vitiate the test identification parade. Nothing else was pointed out that there was any other irregularity in the test identification parade. In my view, there is a prima facie material connecting the applicant to the crime. 5. In the circumstances, the application is rejected. (D.G. KARNIK, J.)