1 BA 987-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.987 OF 2011 Ananda Bandu Patil .Applicant V/s. The State of Maharashtra .Respondent Mr.Abhay Bhoir, Advocate, for the Applicant Mrs.A.A.Mane, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 22ND AUGUST, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by a person, who had participated in dacoity in a shop in which some persons were also injured. The applicant was identified at the test identification parade held in which four accused persons were paraded in four groups along with 24 dummies. A sum of Rs.45,000/- was also recovered at the instance of the applicant. The learned Counsel for the 2 BA 987-2011 applicant submits that the identification at the test identification parade has to be rejected because the parade was held in violation of instructions in Criminal Manual. He submits that four persons could not be paraded in one parade. Now ordinarily the Executive Magistrate ought to follow instructions contained in the Manual. However, deviation from such instructions cannot in itself result in conclusions about complicity of applicant at this stage of considering the bail application, since this may give a handle to an officer. Even they are put to trial mischievously deviating from the procedure prescribed. In this case, 24 dummies were paraded along with four accused persons and therefore, the question as to whether the identification of the applicant was proper or not would have to be decided by the trial Court in the context of the facts which may be unfolded. The learned Counsel for the applicant next submitted that recovery 3 BA 987-2011 of cash in itself is unhelpful, since cash is also unidentified. This too will have to await consideration of the trial Judge. Considering the fact that the applicant has been identified at the test identification parade, Bail Application stands rejected. (R.C.CHAVAN, J.)