1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5246 OF 2009 Mr. Dharmendra @ Dharmesh Govindsingh Parihar .... Applicant. V/s. The State of Maharashtra .... Respondent. Mr. Anil D. Joshi for the applicant. Mr. H.J. Dedhia, APP for the State. CORAM: V. M. KANADE, J. DATE : 1ST DECEMBER , 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 302, 307, 394, 449, 201 read with section 34 of the Indian Penal Code as also under section 25(1)(c), 27(3) of the Arms Act. 3. Applicant and others committed dacoity at the petrol pump and one person viz. Suresh Nigal was killed. He received bullet injury on his head and died on the spot. Applicant has been identified in the test identification parade. There is recovery of some cash and revolver at the 2 instance of the applicant. The complainant is an eye witness to the said incident. 4. The learned Counsel appearing on behalf of the applicant submitted that there are several lacunae in the identification parade and the recovery which is made at the instance of the applicant. He submitted that, therefore, applicant deserves to be released on bail. 5. The learned APP appearing on behalf of the State, on the other hand, submitted that there are prior antecedents against the present applicant and 12 cases of similar type are pending against him. 6. Taking into consideration gravity of the offence and the material which is on record, in my view, this is not a fit case for grant of bail. 7. Application for bail is rejected. Trial is expedited. (V.M. KANADE, J.)