1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.52 OF 2010 (FOR BAIL) Nafiz Abdul Sattar Shaikh ..Applicant Vs. State of Maharashtra & ors. ..Respondent Ms. Anjali Patil for the Applicant Smt. V.R. Bhosale APP for the State. ------ CORAM: V.M.KANADE, J. DATED: 24th February, 2010 P.C. : 1. Heard learned Counsel appearing on behalf of the Applicant and learned APP for the State. The learned APP has filed an additional Affidavit of the Police Inspector attached to the Khar Police Station, dated 23rd February 2010. The Police Inspector has stated in his Affidavit that the present Applicant is a habitual offender and has criminal history in the Police record. There are as many as 13 cases pending against him. It is further stated that name of the present Applicant was revealed by the co-accused from his confessional 2 statement. It was given in C.R. No.53 of 2009. It is an admitted position that the Applicant was not identified in the Test Identification Parade, which was held on 12th August 2009. The Applicant was arrested on 19th June 2009. Further, there is no recovery at the instance of the present Applicant and there is no material on record to show the involvement of the present Applicant in the commission of the said offence. The Applicant’s first application for bail was rejected by this Court by order dated 30th November 2009. At that time, however, taking into consideration the role assigned to the Applicant in the FIR and in view of the pending cases against him, his application for bail was rejected. 2. Though the Sessions case was expedited, I was informed that the trial is not likely to begin immediately. 3. The Applicant is in jail from 19th June 2009. It is true that number of cases were pending against the present Applicant. However, since there is no material on record to implicate the present Applicant in this case, in my view, the Applicant deserves to be released on bail subject to certain conditions being imposed on him. 4. The Applicant, under the circumstances, is released on bail in a sum of Rs.5000/- with one or two sureties in the like amount. He shall not enter the cities of Mumbai and Thane. He shall inform his 3 new residential address to the jailer before his release and shall report to the nearest police station from his new residence twice in a month. He shall be permitted to report to the Sewree Sessions Court on the date of trial. 5. The Criminal Application is disposed of accordingly. (V. M. Kanade, J.)