:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 991 OF 2005 IN CRIMINAL APPEAL NO.146 OF 2005 Shantaram Kisan Barke ...Applicant. V/s The State of Maharashtra (at the instace of Dadar Police Station in C.R. No.169/96) ...Respondent. --- Ms. Anjali Patil for the applicant. Mr. D.P. Adsule for the respondent. --- CORAM: V.M.KANADE,J. DATE: 15th March, 2005 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant is convicted by the Trial Court for an offence punishable under sections 451 and 395 of the Indian Penal Code and is sentenced to suffer R.I. for five years. The prosecution case is that the applicant alongwith others committed dacoity in the factory of the complainant and the identification parade was held. He was identified by the complainant and some of his workers. :2: 3. The learned Counsel appearing on behalf of the applicant has submitted that the applicant has already undergone two years of the total sentence of five years and that the test identification parade was held by P.W. 12 who, on the date on which the parade was held, was no longer a Special Executive Magistrate. It is, therefore, submitted that he was not empowered to conduct the identification parade. It is submitted that this is the only piece of evidence on the basis of which identity of the accused has been established. 4. The learned APP appearing on behalf of the State has submitted that the trial court has taken into consideration the statement of witnesses who have identified the accused in the Court though not in the identification parade and these witnesses have atributed an overtact to the present applicant in the dacoity which was committed in the factory premises. He further submitted that two cases are pending against the present applicant; one under section 324 of the I.P.C. and other under section 337 of the I.P.C. 5. In the present case, it is an admitted position that the applicant has already undergone two years of sentence out of total sentence of five years. The :3: appeal is not likely to be heard immediately. The only evidence against the present applicant is in the form of test identification parade in which the complainant has identified the present applicant. However, some of his workers have not identified him. Further, P.W. 12 who conducted the parade, was no longer a Special Executive Magistrate on the day on which the parade was held. In view of the above facts and circumstances, prima facie case is made out for grant of bail. Though two cases are pending against the applicant, they are not related to offences of robbery or dacoity. Applicant is regularly attending the court in the said two cases. Therefore, merely because two cases are pending that would not be an impediment in granting bail to the applicant. 6. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the Dadar Police station twice in a week. V.M. KANADE, J.