1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3401 of 2009 (Ashok Aadashiv Vanway and another vs. State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.P.F.Patni, Adv., for the applicant. Mr. V.D.Godbharle, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 9/10/2009 P.C.:- 1. The accused/applicant, who is in custody, in Crime No.I-42/2009, since 26.5.2009, seeks bail contending that chargesheet is filed, nothing is to be recovered. Counsel submits that the recovery from the accused leading to his involvement in the present case is dt.27.4.2009, prior to his arrest in the present case - the recovery is doubtful, identification parade is doubtful and the accused/applicants deserve bail. 2 2. Learned A.P.P. submits that immediately in the past the present accused/applicants were involved in five successful Decoities in the vicinity of area of Nagar, in identical manner, making a show of accident. 3. It is a matter of record that the accused Vijay was in custody in Crime No.65/2009 on 24.4.2009 where the statement/disclosure in terms of Section 27 of the Evidence Act was made leading to discovery by panchnama dt.24.7.2009. It was in this panchnama that the events of the affairs of present crime dt. 6.4.2009 were highlighted by the accused/applicants giving names of his associates and even the place of events. 4. The defect in the test identification parade by itself is not a paramount aspect to get a bail as of right. There are different shades and angularities to the matter. The 3 identification in the Court of the accused is of importance and not the identification at the parade before the authority. I do not see that the defects pointed in the Panchnama are of any fatal consequence to show that the accused/applicant is falsely roped. 5. Though chargesheet is filed, however, the credit of the accused/applicant, highlighted by the learned A.P.P., needs consideration. The contention that the accused will live like an externee, outside the Nagar, at Pune district, is difficult to conceive for the simple reason that the accused/applicant may remain scarce after his such release. Hence, order. ORDER The bail application rejected. The observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE ... agp/3401-09crapl