(1) CRI.APP. 4405.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4405 OF 2010 Shaikh Atik S/o Yunus Age : 21 years, Occu.: Computer Repairing, R/o Building No. 7, Third Floor, Police Head Quarters' Balikarshram Road, Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy to be served on A.P.P. Hon'ble High Court) .. Respondent AND CRIMINAL APPLICATION NO. 4462 OF 2010 Ankush Ravindra Kulange Age : 22 years, Occu: Service, R/o Baliokashram Road, Police Quarter, Ahmednagar .. Applicant VERSUS The State of Maharashtra Kotwali Police Station, Ahmednagar (Copy to be served on Public Prosecutor, High Court of Bombay Bench at Aurangabad) .. Respondent ... Mr. S.K. Shaikh, Advocate for the Applicant (Cri. Appln. 4405.2010) Mr. K.N. Lokhande, Advocate for the Applicant (Cri. Appln. 4462.2010) Mr. N.H. Borade, APP for the respondent-State ... (2) CRI.APP. 4405.2010+1 CORAM : V.R. KINGAONKAR, J. DATED : 18TH NOVEMBER, 2010 ORAL ORDER:- 1. These are Applications for bail. 2. Both the applicants are arrested in connection with crime no. 320 of 2010 for offences punishable under section 394 of the Indian Penal Code. 3. The incident giving rise to the prosecution occurred in the night of 29.9.2010. The FIR purports to show that informant Tanwir Umar Saiyad was on duty at the A.T.M. of S.B.I. situated in Kedgaon Nagar locality. At about 21.00 hours, three persons came towards him. They caught him, assaulted him and confined him by means of a wire. They closed his mouth by means of a piece of cloth which was tied around the face. They attempted to break open the A.T.M. machine with help of a gas cutter. By that time, the Police vehicle was seen coming towards the place with siren and, therefore, the three persons fled away. (3) CRI.APP. 4405.2010+1 4. The applicants were arrested on account of suspension. It is stated that they were identified by the watchman. 5. Having heard learned Advocates for the applicants, and learned APP, it prima facie appears that applicant Shaikh Atik was allegedly identified during the course of T.I.P. (Test Identification Parade). The T.I.P. was held on 4.10.2010. The FIR itself shows that all the three culprits had concealed their faces by means of cloth pieces which were tied around the faces. It is but natural that normally they could not be identified only by means of looking at their faces which were concealed. The T.I.P. prima facie, does not show that on account of any particular or special mark the identification were made. No recovery is effected. 6. Considering the nature of evidence collected during the course of investigation, the applicants deserve liberty during the period of the trial. Hence, the Applications are allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs.20,000/- (Rs. Twenty (4) CRI.APP. 4405.2010+1 Thousand) each with one solvent surety each and on condition that they shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. They shall report their presence to the Police on each Tuesday and Saturday between 8.00 pm. to 10.00 pm. during the period of investigation and the trial after chargesheet is filed. Both Applications are disposed of. Sd/- [V. R. KINGAONKAR, J.] arp