BA-1064-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1064 OF 2011 Mahendra Damodar Solanki ... Applicant V/s. The State of Maharashtra, Thru’ Bhoiwada Police Station, Mumbai ... Respondent Mr. Sujit B. Shelar for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 20 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the communication addressed to the learned Public Prosecutor by the Inspector of Police, Bhoiwada Police Station, Mumbai. The same is taken on record. 3. Undoubtedly, there exists a prima facie case against the Applicant. However, there are two aspects of the matter, which are canvassed by the learned Advocate for the Applicant, which need consideration. 4. The first one is that all the other accused in this case were tried and the trial has resulted in their acquittal. The Applicant was arrested on 1st June, 2011 i.e. BA-1064-11.sxw 2 Dixit during the pendency of the trial against the other accused. Considering that the other accused have been acquitted after a trial had been held, the prospects of the Applicant being convicted after a trial are undoubtedly, bleak. 5. In this regard, I have questioned the learned Advocate for the Applicant as to whether the Applicant had been absconding and, if that was not so, why was he not arrested and prosecuted along with the other accused. The learned Advocate for the Applicant categorically states that the Applicant had not changed his residence at any time and, moreover, the Applicant was attending to his duties in the office of "F" Ward of the Municipal Corporation. Documents to that effect have been annexed to the Bail Application. Prima facie, it does not seem that the Applicant had absconded. 6. The next point that is canvassed by the learned Advocate for the Applicant is that a cross case had been registered out of the said incident, and that the accused in the cross case have also been acquitted. 7. The only contention advanced by the learned APP for opposing the Bail Application is that the test identification parade is yet to be held. Mr. Shelar, the learned Advocate for the Applicant, submits that the Applicant is ready to give an undertaking to the effect that he shall make himself available for the purpose of being placed in the test identification parade, as and when held by the Investigating Agency. 8. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail, subject to certain conditions. BA-1064-11.sxw 3 Dixit 9. The Bail Application is allowed. 10. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, or two sureties in the sum of Rs.20,000/- each, or cash deposit of Rs.40,000/- in lieu of surety, on the following conditions :- (a). that he shall attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer; (b). that he shall make himself available for being placed in the test identification parade, that may be held, if so required by the Investigating Officer. [A.M. THIPSAY, J.]