..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1401 OF 2008 1. Lahu Khedkar Jadhav, 2. Babushya Savlya Pawar @ Hottutya, & 3. Ramu Venkat Shinde. ..Applicants. Versus The State of Maharashtra. ..Respondent. ... Mr.R.D.Suryawanshi, Adv. for the Applicants. Mr.S.S.Pednekar, APP, for the State. ... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 9th July, 2008. DATED : 9th July, 2008. DATED : 9th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicants and the learned APP for the State. 2. The applicants are seeking bail in C.R.No.I-70 of 2007 of Shahapur Police Station. The said case is mainly under Section 395 of IPC. 3. The learned Advocate for the applicants states that he is not pressing this application for bail in respect of applicant No.1 and he seeks liberty to file fresh application at a later ..(2).. stage. Liberty as prayed for is granted. Hence, this application is being considered only in respect of applicant Nos.2 & 3. 4. It is the prosecution case that the present applicants along with other accused entered into the house of the complainant and committed dacoity. There is no recovery at the instance of the applicants Nos.2 & 3. The only material against the applicants is that they have been identified by the witnesses. However, Mr.Suryawanshi the learned Advocate for the applicants points out that the complainant has clearly stated that all the persons who had entered into his house had covered their faces. He submitted that in such case the identification in the parade cannot be relied upon. Looking to the statement of the complainant, I find much merit in this submission. Hence, I am inclined to grant bail to the applicant Nos.2 & 3. 5. The applicant Nos.2 & 3 - Babushya Savlya Pawar @ Hottutya and Ramu Venkat Shinde to be released on bail in the sum of Rs.30,000/- each ..(3).. with one or two sureties to make up the said amount. The applicants shall report to Shahapur Police Station once in a week, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)