[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2048 OF 2008 Mahesh Namdev Bhosale ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi Advocate for Applicant 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. DATE : JULY 23, 2008 DATE : JULY 23, 2008 DATE : JULY 23, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.83 of 2007 of Laxmipuri Police Station, Kolhapur. The said case is mainly under Section 302 of IPC. 3. The prosecution case is that the applicant along with other accused committed murder of Anil Bhaskar. The applicant has not been named in the FIR. He has been implicated on the statement of one Raju Jadhav. It is seen that the incident has occurred on 7.10.2007 and the statement of Raju [-2-] Jadhav was recorded on 9.10.2007. This witness is brother in law of the deceased and he claims to have witnessed the incident. According to this witness, they got down from their respective Zen Car. Doctor Powar sat in his car. At that time, the persons from Jawahar Nagar area i.e. Prakash Kamble, Yogesh Patil, Shivaji Patil, Jayhind Indrekar and Ravi Shinde whom he knew, rushed towards his brother in law Anil Bhaskar. They were armed with swords, knife etc. They assaulted Anil Bhaskar. From his statement, it is clear that in the initial part of the statement, he has not named the applicant, however, at the end of the statement, he has stated that he has identified the accused persons which have been shown to him in the police lock-up and thereafter he named the applicant. 4. If the applicant was known to this witness, he ought to have named him in the earlier part of the statement and if the applicant is unknown to this witness, test identification parade ought to have been held and the direct identification of the applicant by the witness in the lock-up, cannot be relied upon. There is no other material against [-3-] the applicant. In this view of the matter, I am inclined to grant bail to the applicant. 5. The applicant-Mahesh Namdev Bhosale to be released on bail in the sum of Rs.40,000/- (Rs.forty thousand only) with one or two sureties to make up the said amount. The applicant to report to Laxmipuri police station, Kolhapur once in a fortnight till the conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]