1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.199 OF 2011 Harish Tomara Devadiga ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Sachin Punde i/by Milind Sawant ,advs. For the Applicant. Smt. S.D.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 28, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.80 of 2010 registered at Navghar police station under Sections 392 r/w section 34 of the I.P.C. and later on converted into an offence of dacoity under Section 395 of the I.P.C. 2 As per the F.I.R. lodged by one Mininath Jadhav on 17.5.2010 at about 2.50 a.m. he had left his house on motorcycle by Eastern Express Highway. When he was on the way, he was stopped by four persons, who had come on motorcycles and they snatched away a mobile handset of Nokia Company and a gold ring of 12 grams. He gave description of the said culprits. Present applicant was identified as one of those four persons. Other three were accused no.1 Sajid Yusuf Khan, 2 accused no.2 Vinod Kishor, accused no.3 Ahmed Hussain. According to the prosecution, on the basis of information given by some of the accused, it was revealed that two more persons were involved in the commission of offence and thus, accused Sunil and Gopal were also implicated as accused. 3 Admittedly, stolen property of the complainant Mininath Jadhav was not recovered from the present applicant. It is pointed out that the accused Gopal Rathod was also identified by him. While F.I.R. shows that in all four persons were involved in the commission of offence, he identified 5 persons as culprits. Whole case against the present applicant is based on identification during the test identification parade. 4 In view of the above circumstances, applicant be released on his executing PR of Rs.15,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H. BHATIA,J.)