1 cri.appln. 657.2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION srk CRIMINAL APPLICATION NO. 657 OF 2010 IN CRIMINAL APPEAL NO. 155 OF 2010 Jayshanker Faujdar Yadav ..Applicant. v/s. The State of Maharashtra ..Respondent. .... Mrs. Sonia Miskin, Advocate for Applicant (Absent). Mrs. R.V.Newton, A.P.P. for Respondent/State. .... CORAM : V.M.KANADE, J. DATE : 22ND JULY, 2010. P.C. 1 Heard the learned A.P.P. for the State. 2 This is an Application filed for bail through Jail. The Applicant has been convicted for the offence punishable under section 397 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 500/- and in default to suffer further rigorous imprisonment for one month. 1 2 cri.appln. 657.2010.doc 3 According to the prosecution, one Umesh Yadav had collected the sale proceeds of kerosene which was sold to the Consumer Co-operative Housing Society and he was carrying the said amount of Rs.1,09,464/- to his employer. However, while returning back, 2 to 3 persons threw chilly powder in his eyes, assaulted him with an iron bar and took away the cash which he was carrying. As a result of the said assault, he became unconscious and he was, thereafter, admitted in Shridevi Hospital, Kalyan. FIR was thereafter registered. During the course of investigation the accused were arrested and an amount of Rs.25,000/- was recovered at the instance of the accused no.4 and one iron tommy was also recovered at the instance of the accused no.3. Further, an amount of Rs.19,000/- was recovered at the instance of the accused no.2. Prosecution examined the said Umesh Yadav as PW 4 along with the other witnesses. PW 4 admittedly did not state in his evidence that he was assaulted by the Applicant herein. Secondly, in his first statement he has nowhere stated that he had any opportunity of looking at the accused. Thirdly, no test identification parade has been held by the investigating officer. Mere recovery of 2 3 cri.appln. 657.2010.doc an iron tommy, in my view, by itself could not be said to be sufficient evidence for convicting the Applicant. Apart from that, Applicant has already undergone three years and six months of the actual imprisonment as per the report submitted by the Jail Superintendent. Taking into consideration the aforesaid facts, Applicant deserves to be released on bail. 4 Applicant be released on bail on execution of Personal Bond in the sum of Rs. 5,000/- with one or two sureties in like amount. The Applicant shall report to the concerned police station once in a month. 5 Application stands disposed of. [ V.M.KANADE, J. ] 3