3108appln1305.10.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1305 OF 2010 (Sk. Ayyub Sk, Mehaboob Vs. State of Maharashtra) .............................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................................................. Mr. VP Gangane, Advocate for the applicant. Mr. AS Parihar, A. P. P. for the respondent-State. CORAM : A.P. BHANGALE, J. DATED : 31st August, 2010. Heard. The applicant is seeking bail in connection with crime No. 251 of 2009 registered at Police Station Chandur Bazar for the offence punishable under Sections 365, 395, 342 r/w 34 of the Indian Penal Code. The learned Advocate for the applicant contended that although the accusations are serious in nature, the F.I.R. do not mention the name of the applicant. No test identification parade was held in the course of investigation so as to positively pin point the role of the applicant in the crime. Co-accused Mohd.Arif Sheikh Mohd. and Sheikh Rafique Hussain have been released on bail by the trial Court. According to the learned A.P.P., name of the applicant is mentioned in the F. I. R. as Ayub Shikari and the applicant is the same person. However, the learned A.P.P. is 3108appln1305.10.odt 2/2 unable to lay his hand on any material such as; identification parade in the course of investigation so as to indicate prima- facie involvement of the applicant in the crime as alleged. Be that as it may, I am inclined to grant benefit of conditional bail in favour of the applicant. The applicant be released on bail on his furnishing P. R. bond in the sum of Rs. 25,000/- with two sureties in the equal amount, to be provided by each of them ; provided further that: (i) he shall attend the trial on each date of hearing; (ii) shall inform his fixed address with telephone/ mobile number, if any, to the Investigating Officer as well as the concerned Court below; (iii) shall not misuse his liberty of bail, in any manner and (iv) shall not commit any crime while on bail. Application is disposed of. JUDGE wwl