1 cri.appln 8-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 8 OF 2011 IN CRIMINAL APPEAL NO. 3 OF 2011 1. Dilip Vishwas Huddar. 2. Navnath Vitthal Mhaskar ...Applicants VS. The State of Maharashtra & Anr. ...Respondents Mr.Manoj Kadam for the Applicants. Mr.S.A. Shaikh, APP for the State. CORAM : U.D. SALVI, J. DATED : APRIL 15, 2011 P.C :- 1 Prayer is made for restoration of the application for delay. Application is restored. Parties are heard. The applicants-accused have been convicted of the offences punishable under Section 394 read with 34 of the IPC and sentenced to suffer RI for two years and fine of Rs.1000/- and in default, to suffer further SI for two months in 2 cri.appln 8-2011 Sessions Case No.39/2009 on 10th December, 2010. Co- accused Nitin Shinde was acquitted in the said case on the premise that the complainant spoke about the involvement of only three unknown accused during the trial as the persons involved in the crime. Evidence of PW 6 Ajit Telawane, Tahsildar, who conducted the TI parade reveals that the complainant had identified four persons in the TI parade as the persons involved in the crime. Basic structure of the prosecution case is weakened by the evidence of PW 6 Ajit Telawane. The Applicants-accused, therefore, deserve bail in the present case. 2 Sentence is suspended. The applicants- accused are released on PR Bond of Rs.15,000/- each with one or more sureties in the like amount subject to the following conditions :- i)shall keep the police informed of their whereabouts, 3 cri.appln 8-2011 ii) shall report to Kalamboli Police Station on every Saturday in the first week of every month between 10 a.m. and 12 noon. 3 Liberty granted to the appellants to move this Court for early hearing after circulation of private paper book. 4 Application is disposed of. (U.D. SALVI, J.)