1 Criminal Application No.468/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.468 OF 2011 Ramesh Arjun Pagire ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri Joydeep Chatterji, Advocate for applicant Shri N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st March, 2011 PER COURT : 1. Heard. The accused/ applicant Ramesh Arjun Pagire, in custody from 21/9/2010, in Crime No.173/2010, registered at Gondi Police Station, District Jalna for offence under Sections 395, 363 read with Section 34 of the Indian Penal Code, has urged for bail. 2. Learned counsel for the accused/ applicant submits, the stolen goods, P.V.C. pipes or the truck involved in commission of offence was recovered/ discovered at the instance of Balu Dabhade and one Brahma. Shivaji was also arrested. At his instance, the 2 Criminal Application No.468/2011 sickle was discovered. Thus, Shivaji’s role was allegedly identical to the role of accused/ applicant. Said Shivaji moved this Court for releasing him on bail vide Criminal Application No.224/2011, in which, by order dated 31.1.2011, he is directed to be released on bail. Learned counsel submits, there is identical role to the accused/ applicant with the same defects in the investigation i.e. no test identification parade is conducted for Shivaji as well, for the accused/ applicant. Charge sheet is filed on 16/12/2010. 3. On analysing the papers, the incident has taken place in the wee hours of 19/9/2010 when the truck, laden with P.V.C. pipes was in motion, a Tata Sumo vehicle has overtaken, intercepted. The complainant was assaulted and he was thrown by unknown persons. The complainant suffered injuries. The dacoits carried the truck, leaving the complainant at the scene of offence. 4. Since there was no identification of the accused/ applicant and the Katti discovered in terms of Section 27 of the Evidence Act, does not appear any stain, least chance of inferring that the accused/ applicant has used the said Katti to assault the complainant. To repeat, there is no parade, in which it can be said that the complainant identified the accused/ applicant. 3 Criminal Application No.468/2011 5. The survey of above facts makes the case of accused/ applicant at par with that of Shivaji and entitles to be released on bail on identical terms. Hence, order : 6. The accused/ applicant Ramesh Arjun Pagire be released on his furnishing P.R. bond and one surety in the sum of Rs.20,000/- (Rupees twenty thousand) in Crime No.173/2010, registered at Gondi Police Station, District Jalna. The accused/ applicant shall not influence the witnesses and shall attend the investigator on the last Sunday of every month till conclusion of trial. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri468.2011