IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 892 OF 2008 CRIMINAL APPLICATION NO. 892 OF 2008 CRIMINAL APPLICATION NO. 892 OF 2008 IN IN IN CRIMINAL APPEAL NO. 789 OF 2008 CRIMINAL APPEAL NO. 789 OF 2008 CRIMINAL APPEAL NO. 789 OF 2008 Dinesh Ramesh Joshi ...Applicant/ Accused VS. The State of Maharashtra ...Respondent/ Complainant Mr.Kishore G. Pasthe for the Applicant. Mr.P.A. Pol, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : OCTOBER 23, 2008 DATED : OCTOBER 23, 2008 DATED : OCTOBER 23, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is convicted for the offence punishable under Section 395 of the IPC and is sentenced to suffer RI for 7 years. 3. Counsel for the applicant submitted that the test identification parade has not been properly conducted. He further submitted that though two eye witnesses have been examined, both these witnesses in their evidence have stated that they were not in a - 2 - position to see the accused. He submitted that an amount of Rs.20,000/- has been recovered by the applicant, however, it is not established that this was the same cash which was stolen from the bank. He submitted that the other accused have been released on bail and the applicant was on bail during trial. 4. Taking into consideration the fact that two eye witnesses in their evidence have stated that they had no occasion to see the face of the applicant in the proper manner and that they have not given any description of the accused to the police when their statements were recorded, prima facie case is made out for grant of bail. 5. The applicant be released on bail bail in the sum of Rs.5000/- with one or two sureties in the like amount. However, the applicant shall report to Malad Police Station once in a week for a period of six months and thereafter, once in a month. 6. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)