{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4414 OF 2009 1. Manoj Virbhan Patil Age-28 years, Occ-Business R/o Jaihind Colony, At post Tq-Bhadgaon, Dist- Jalgaon 2. Vishal Virbhan Patil, Age-24 years, Occ-Education R/o Jaihind Colony, At Post Tq-Bhadgaon, Dist-Jalgaon 3. Rajendra Julhal Patil, Age-22 years, Occ-Education R/o Jaihind Colony, At Post Tq-Bhadgaon, Dist-Jalgaon 4. Ravindra Suresh Wagh, Age-25 years, Occ-Labour R/o Jaihind Colony, At Post Tq-Bhadgaon, Dist-Jalgaon APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, Parola police station RESPONDENT ....... Mr.S.V.Gangapurwala h/f Mr.A.K.Tiwari, Advocate for applicants Mr.Yogita M.Kshirsagar, APP for respondent State ....... {2} [CORAM : A.V.POTDAR, J.] DATE: 13th January 2010 PER COURT: 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No.272/2009 registered with Parola police station for an offence punishable u/s 395, 345, 365 of the Indian Penal Code. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation carried out till today. 3. It appears that on the complaint of one Baburam Yadav of UP, the said offence came to be registered against unknown persons. It further appears that the applicants came to be arrested on 5th November 2009 and still they are in jail. It also appears that recovery of 16 tons of Safola Oil in 840 boxes is shown at the instance of the applicants on 04.11.2009, as the goods were found stored in a field of one Sambhaji Deshmukh, who is not arrayed as accused in the offence for the reasons best known to the investigating officer. It also appears that after arrest of the applicants on 5th November 2009, their photographs were also flashed in the local newspapers along with the police officers who have arrested them, with a news item that the applicants are arrested in connection with the road robbery. It is alleged that {3} subsequently on 27th November 2009 Test Identification Parade was conducted in which 3 out of 4 accused were identified by the witness as accused. 4. During the course of submissions, it is urged that though the applicants are arrested on 5th November yet it is alleged that at their instance 840 boxes of oil are recovered on 4th November 2009. In the premise, it is urged that, it cannot be said that the said oil is recovered at the instance of the applicants. It is also urged that considering the fact that after their arrest, photographs of the applicants were published in the newspapers, the TI parade conducted thereafter, is against the norms of criminal manual. In the premise, the TI parade cannot be said to be a legal one as the same is conducted against the provisions of law. It is also urged that out of the 4 applicants, applicants No.2 and 3 are students, in view of the investigation carried out till today and in view of the fact the applicants are behind the bars for more than 60 days, their further detention is not necessary and hence they be released on bail. 5. Learned APP, on the instructions of the Investigation Officer, who is present in the Court, has urged that huge quantity of oil recovered at the instance of the applicants, clearly demonstrate the involvement and participation of the applicants in the said offence. It is also urged that out of 4 accused, three were identified in the TI parade by the witnesses as accused. It is {4} further urged that investigation is still in progress and one mobile and cash in the sum of Rs.11,500/- is yet to be recovered from them. In the premise, it is prayed that the application be rejected. 6. Considering the rival submissions and the fact that though the applicants came to be arrested on 5th November 2009 yet the recovery of the oil is shown at their instance on 4th November 2009, it cannot be ruled out that after the arrest of the applicants the goods stolen / robbed were recovered at their instance. As photographs of the applicants were published in the newspapers, before conducting the TI Parade, there is violation of the norms laid down as to how to conduct the TI parade. If the identification parade is conducted in violation of the procedure and norms laid down in the criminal manual, it can safely be inferred that the police officers are behind publicity and not serious about the investigation. Due to the actions of the police authorities the norms of the TI parade are violated, which has caused serious prejudice to the rights of the accused. If the accused are in custody for more than 60 days and no case diary is produced in respect of day to day investigation carried out, there is failure on the part of the investigating agency to recover articles like mobile and cash in the sum of Rs.11,500/-. In the premise and considering the above discussion, case is made out to enlarge the applicants on bail, by imposing certain conditions. 7. In the result, the application is allowed. The applicants {5} be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bonds in the like amount. The applicants to attend the concerned police station as and when required by the Investigating Officer, on requisition in writing. [A.V.POTDAR, J.] drp/A10/criapln4414-09