IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.704 OF 2008 CRIMINAL APPLICATION No.704 OF 2008 CRIMINAL APPLICATION No.704 OF 2008 Balbhim @ Dada Shivaji Kale and Ors ..Applicants. Vs. The State of Maharashtra ..Respondent. Mr A. V. Chatuphale, Advocate for the Applicant. Ms M. H. Mhatre, A.P.P. for the Applicant. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 28.4.2008. DATED: 28.4.2008. DATED: 28.4.2008. P P P.C. C. C. 1. Heard learned counsel for the applicants and the learned APP for the State. 2. Perused the application and the material available on record. 3. The applicants, after having suffered adverse order dated 23.11.2007 passed below Exh.3 in Sessions Case No. 101 of 2007 at the hand of the learned Additional Sessions Judge, Baramati, are seeking bail in C.R.No. 62 of 2007 registered with Daund Police Station for the offence punishable under Sections 396, 120-B, 342 34 of the I.P.C. 4. The observations made by the learned Additional Sessions Judge while rejecting application are as under:- "Perused the application and say filed at Exh.5. The learned Advocate for the accused as well as learned P.P. for the state. Perused the F.I.R. as well as T.I. Parade Report of Tehsildar conducted by Tehsildar, Daund. Though the learned Advocate for the accused vehemently submitted that the complainant has not identified any of the assailants who has committed the murder of the father of the complainant and committed dacoity. However, the complaint shows that the complainant has narrated the description of the accused who had committed dacoity in his house and murder of his father. Perused the T.I. Parade Report of Tehsildar, Daund which shows that the complainant has identified each of the accused in the T.I. Parade. Under such circumstances, at this stage, it can be very well seen that the accused have direct nexus with the offences charged against them. Besides that the police have filed list of pending cases against the accused which runs into pages. It shows that the accused are habitual offenders. Under such circumstances, I hold that the application is devoid of merits. Hence, it is liable to be rejected..." 5. Having seen the aforesaid finding and examined the prima facie role of the applicants in commission of the alleged offence, coupled with report of the Tehsildar regarding identification parade, no case is made out to take view other than the view taken by the Trial Court. 6. In the result, the present application stands rejected. 7. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)