1 BA 1512 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1512 OF 2011 Mohammad Samra Mohd Islam Mirza .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Prashant Patil, for the applicant. Mrs. S.D.Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 3rd October, 2011 P.C. 1. This is an application for bail by applicant from whom a pistol was recovered. In the F.I.R., the first informant had described miscreant as one with fair complexioned, having height of 5’ and 8”, wearing a white shirt and full pant, holding knife. The second miscreant was holding revolver, having a height of 5’ and 4” and he was less than fair complexioned, wearing pink shirt and full pant. The third miscreant who had taken out money and mobile phone from the drawer of first informant, was of 5’ and 5” in height, wearing red shirt and full pant and he was less than fair complexioned. The learned counsel for the applicant states that since revolver was seized at the instance of applicant, applicant may be taken to be the person, amongst those 2 BA 1512 OF 2011 described in the complaint, as holding revolver. He states that the arrest form shows that the applicant was of 5’ and 8” in height, fair complexioned. Therefore, according to him, the applicant was not the person who was holding revolver as described in the F.I.R. This may be correct. Merely because revolver was seized at the instance of applicant, it does not mean that at the time of incident, applicant was holding revolver. He may as well be holding knife. Learned counsel for the applicant is right in submitting that the learned Additional Sessions Judge should not have observed that there is no question of holding test identification parade as the incident took place when there was sufficient light. The observations of the learned Judge might have persuaded the Investigating Officer from not holding T.I. parade. All the same since a revolver was recovered at the instance of the applicant and the applicant had participated in the dacoity, he is not entitled to bail. The application is rejected. 2. The Registry may bring to the kind notice of the learned Additional Sessions, Thane (Shri. U.N. Dikkatwar), that he should not make such observations about test identification parade being unnecessary while considering bail applications. 3. Application stands disposed of. (R. C. CHAVAN, J.)