1 apln3250-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3250 OF 2010 Masood Alam Sorabali Shaikh. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mrs.Anjali Patil, Advocate for the applicant. Mr.S.N. Gawade, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 04TH AUGUST, 2010 P.C. 1. Heard rival submissions for sometime on this application for regular bail preferred by the applicant for his release on bail during pendency of the Sessions Case for the offences punishable under Sections 302, 323, 324, 325, 504, 506 and 427 of Indian Penal Code and certain other sections of rioting armed with deadly weapons. 2. It is an admitted position that in the FIR, which is lodged immediately after the incident of assault on the first informant, the name of the present applicant is not mentioned though the names of the six other co-accused and 2 apln3250-10 30-35 unidentified persons are mentioned as members of the unlawful assembly armed with sticks, swords and iron bars etc. Also, it is an admitted position that in the test identification parade conducted in the present matter, in which the present applicant along with other three co- accused was put to identification, none of the eye witnesses/injured persons identified the present applicant as one of the members of the unlawful assembly. 3. During the course of the arguments, learned A.P.P. for the State pointed out that on the very next day of the incident, blood stained clothes of the applicant were taken charge of by the police when he was put under arrest. However, till today the C.A. report is awaited. Still considering such circumstance, in the opinion of this Court, the non-mentioning of the name of the present applicant and his non-identification in the test identification parade weigh much for granting relief in favour of the applicant. 4. This Court has gone through the reasoning given by the Additional Sessions Judge, Kalyan in paragraph No.6 of 3 apln3250-10 the order rejecting bail application. Therein it is mentioned as follows - "As per the copy of the chargesheet the allegations against the applicants and co-accused are of assaulting deceased Bhaurao Suryavanshi on head by means of iron rod, sword by forming unlawful assembly." 5. In the opinion of this Court, there is nothing to substantiate that the involvement of the applicant can be ascertained from the material on record, more so, when there is no identification in the test identification parade and applicant is not specifically mentioned even as one of the members of 30-35 unknown persons in the FIR. In the result, present application is allowed with following order :- :: O R D E R :: [i] Criminal Application No.3250 of 2010 for regular bail is allowed and accordingly disposed of. [ii] The applicant -Masood Alam Sorabali Shaikh, arrested in C.R. No.I-52 of 2010 of Ulhasnagar police station, shall be released on bail on his executing a P.R. 4 apln3250-10 bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] After availing the bail, as above, the applicant shall not indulge in any activity so as to directly or indirectly tamper with the prosecution witnesses. (A.R.JOSHI,J.) PPD 21.apln3250-10