MP 1 BA1591_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1591 OF 2011 Gani Shaikhnashir Shaikh ... Applicant Versus The State of Maharashtra ... Respondent Mr. P. P. Runwal, Advocate for the Applicant. Smt. R. V. Newton, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 08TH NOVEMBER 2011 P. C. : Heard the learned Counsel for the parties. 2. The applicant seeks to be released on bail in Crime No.231 of 2011 registered with Malegaon Taluka Police Station for the offences under Sections 395 and 397 of the Indian Penal Code. 3. Prosecution case, in brief, is that during the night between 30.08.2011 and 31.08.2011, first informant Sachin Laxman Khairnar was on duty as a security guard at a mobile tower of Radiant Securities at Devghat. At about 1.30 a.m., a white Scorpio car stopped near the tower and six persons alighted from the said vehicle and entered into the compound of the mobile tower. The security guard obstructed them. On this, one person threatened him with the knife. Two of them tied his hands and beaten him with kicks and feast blows. Thereafter, five of them, broke opened the lock of the shelter room and took away the batteries and other material worth more than Rs.3 lakh. When these persons were busy loading stolen property in the Scorpio, security guard Sachin Khairnar escaped from that place and police was informed. After some time, the said Scorpio was found coming from the side of the tower and it was halted by the police and the villagers but it did not stop. However, due to MP 2 BA1591_11 pelting of stones by the villagers, Scorpio dashed against the bullock-carts due to which Scorpio was damaged and stopped. All the culprits tried to run away. However, one of them namely Prashant Pawar was nabbed on the spot. Muddemal property along with the Scorpio were seized by the police. As per the F.I.R., said Prashant Pawar disclosed the names of Gorakh Madhukar Sonar, Gani, Amol and also stated that two more persons were with him in commission of crime. The applicant is Gani. 4. The learned Counsel for the applicant contends that full name of the applicant was not given in the F.I.R. and secondly, the whole case against the present applicant is based only on the statement of Prashant Pawar before the police after the incident. Admittedly, all the muddemal property was recovered from the Scorpio immediately, and therefore, question of any recovery from the present applicant does not arise. The applicant was arrested on 07.09.2011. Even though two months' time is passed, the Investigating Officer has not arranged to conduct test identification parade to confirm whether the present applicant was one of the culprits. The learned Counsel for the applicant contends that on the last date when this matter was adjourned, this Court had orally instructed the prosecution to complete the test identification parade and submit a report. It appears that in spite of that, no attempt has been made to hold test identification parade. 5. In view of the above circumstances, the applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties with condition that he shall attend the concerned police station on every Sunday between 10.00 a.m. to 12 noon till filing of the charge-sheet and shall not misuse the bail. (J. H. BHATIA, J)