1 APPLN 4046 OF 2010.sxw vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4046 OF 2010. Mr. Mohamad Sajjan Abdul Hakim Ansari .. Applicant -versus The State of Maharashtra .. Respondent. Mr. I.P. Mishra, for the Applicant. Mrs. P. P. Shinde, APP for the respondent State. WITH CRIMINAL APPLICATION NO.2891 OF 2010 Mr. Ashok Prasad .. Applicant -versus The State of Maharashtra .. Respondent. Mr. S. M. Mirajkar, for the Applicant. Mrs. P. P. Shinde, APP for the respondent State. WITH CRIMINAL APPLICATION NO.2892 OF 2010 Mr. Irfan Ismal Khan and anr .. Applicant -versus The State of Maharashtra .. Respondent. Mr. S. M. Mirajkar, for the Applicant. Mrs. P. P. Shinde, APP for the respondent State. WITH CRIMINAL APPLICATION NO.2146 OF 2010 Mr.Manjya @ Manjeet @ 2 APPLN 4046 OF 2010.sxw Sanjay Vasantram Jaiswal .. Applicant -versus The State of Maharashtra .. Respondent. Mr. N. N. Gavankar i/b Mr. Arfan Sait, for the Applicant. Mrs. P. P. Shinde, APP for the respondent State. CORAM: R.C. CHAVAN, J. DATED: 24th September, 2010 P.C. 1. These applications are filed, by persons arrested in connection with CR No.356 of 2009, registered by Manikpur Police Station, Vasai, Thane for the offences punishable under Sections 494, 495 of the Indian Penal Code, seeking their enlargement on bail. These persons are involved in dacoity. The applicants were alleged to have tied up the watchman and carried away large quantity of electronic items including mobile hand sets etc. They have been arrested and during interrogation they were found possessing large number of mobile hand sets and electronic goods, which were seized from each of them. 2. The learned counsel for the applicant points out that the other accused persons from whom similar recoveries were made, have been admitted to bail. The investigation is complete and the chargesheet has been filed. To distinguish the role of the applicants from that of the others from whom similar recoveries 3 APPLN 4046 OF 2010.sxw were made, it would be necessary for the police to show applicant’s actual participation in the dacoity. Since the dacoits were unknown persons, the only standard method to establish their participation in the dacoity is holding test identification parade. It needs to be mentioned here that number of bail applications are being filed before this Court where robbers or dacoits claim bail because they are not named in F.I. R., and they get bailed out only because they have not been subjected to the test identification parade. It is not clear as to what prevents the Investigating Officer not just in this case, but in other cases arising from various police stations in not getting test identification parade conducted to identify such criminals, who are involved in serious crime. At such identification parades the exact role of such criminals is also required to be ascertained. 3. As this has not been done in this case, the applicants in each of these cases be released on the same terms and conditions on which co-accused have been bailed out, namely the applicants be released on bail on their furnishing PR Bond in the sum of Rs. 5,000/- each with one or two sureties in the aggregate sum of Rs. 5,000/- each. 4. The learned APP states that as far as as the applicant Manjya @ Manjeet in Criminal application No.2146 of 2010 and applicant Ashok Prasad in Criminal Application NO.2891 of 2010,are 4 APPLN 4046 OF 2010.sxw concerned, they have criminal antecedents and they may be directed to attend the concerned police station. Therefore, these applicants shall attend the concerned police station on every Sunday during 10.00 a.m., to 1.00 p.m, till the trial is over. 5. The learned APP Shall bring the copy of this order to the notice of Director General of Police and concerned Superintendent of Police. (R. C. CHAVAN, J.)