1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.344/2009 IN CRIMINAL APPEAL(ST.) NO.287/2009 Prakash Laxman Rawte Applicant (Original Accused) Vs. Respondent The State of Maharashtra Mr.A.R.Pitale for the applicant Mr.Y.M.Nakhawa,APP for the State Coram: Mrs.Mridula Bhatkar,J. Date : 6th April,2009. P.C. . Heard. 2] The applicant has filed this application for suspension of sentence pending the appeal and for bail . The applicant is convicted for the offence punishable u/s 395 by the Aditional Sessions Judge,Palghar,dated 5/7/2008 in Sessions Case no.185/2007. 3] The respondent has opposed this application on the ground 2 that the accused has also committed an offence of similar nature prior to the commission of this offence and he is likely to commit such offence in future. 4] The learned counsel appearing for the accused has submitted that the co-accused against whom there was more evidence is released on bail by the order passed by the learned Single Bench of this Court dated 19/12/2008 in Criminal Bail Application no.1421/2008. He has submitted that against the present accused Test Identification Parade was the only available evidence. The observations in paragraph 17 of the Judgment regarding showing leniency due to young age of the accused are also to be taken into account while considering this application. 5] Test Identification Parade is the sole evidence against this accused. The accused is a young man and has spent nine months in the prison. The Learned Single Judge of this Court has allowed the bail application of the co-accused. So this application is allowed on the ground of parity. Taking into consideration these facts,the applicant be released on bail in the sum of Rs.5,000/- with one or two sureties in the like amount, the applicant,however,shall report to Tarapur Police Station ,once in a month. The application is disposed of. 3 (Mrs.Mridula Bhatkar,J.)