1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2878 of 2009 Shery@ Sharad Dnyandeo @ Lenya Bhosle ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Manoj V. Jaybhaye for the applicant. Mr.J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 24th February 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No. I-13 of 2007 registered at Manor Police Station, District Thane for an alleged offence punishable u/s.395, 397, 336, 337, 338 and 412 of the IPC. 3. The prosecution case in short is that on 31st January 2007, the applicant along with 7 – 8 persons entered Bhagyodaya Jewellery shop and assaulted the owner’s son, daughter and father as well as the customers. As the people gathered, they ran away by snatching 2 mangalsutra worn by one of the customers. No ornaments from the shop were stolen. Police carried out the investigation but no lead was found for nearly six months. The applicant was arrested as he was traced by a dog squad after six months. There has been no recovery of the gold mangalsutra allegedly stolen by the applicant. The only evidence available against the applicant is identification by a dog. Test identification parade has also not been held. Taking into consideration the fact that no identification parade has been held, there has been no recovery and the trace by a dog of the dog squad is after six months of the incident. I am of the view that the applicant deserves to be granted bail. 4. Learned APP however submits that there are other cases pending against the applicant. That could have been taking into consideration had there been a sufficient prima facie evidence connecting the applicant to the crime. In the absence of sufficient evidence other than the trace by a dog squad, the applicant is entitled to a bail. Hence, I pass the following order:- O R D E R Applicant be released on bail on his executing P.R. Bond of Rs. 10,000/- with one surety of the like amount, unless required in any other offence. (D.G. KARNIK,J.)