[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2449 OF 2008 Naresh Narayan Koli ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Prakash Shetty Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 13, 2008 DATE : AUGUST 13, 2008 DATE : AUGUST 13, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.193 of 2007 of Mahatma Phule Police Station, Kalyan. The said case is mainly under Section 394 of IPC. 3. The main material against the applicant seems to be that he has been identified by the witnesses. However, the learned advocate for the applicant has submitted that the identification of the applicant in the parade, cannot be relied upon because there are several lacunae in the parade including the [-2-] fact that four accused persons were put into the said parade. This aspect has not been considered by the learned Sessions Judge while rejecting the earlier application for bail preferred by the applicant. Hence, in my opinion, in the interest of justice, an opportunity ought to be given to the applicant to prefer a fresh application for bail before the Sessions Court. 4. On such application being preferred, the learned Sessions Judge shall hear the matter afresh and dispose it of on merits after specifically taking into consideration the aforesaid fact. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]