1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3053 OF 2009 Raju Balaji @ Bala Pawar......... Applicant versus The State of Maharashtra ........Respondent. Mr. Pramod N.Patil adv. for the Applicant Mrs. S.D. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 09th September,2009. P. C.: 1. This is an application moved under section 439 of Cr.P.C. by the present applicant who has been arrested on 22­12­2008 in C.R. No.129/08 registered with Pangri Police station for the offences under sections 395 and 397 of IPC. The father of the present applicant has also been arrested. 2. According to the FIR the incident had taken place on 8­10­2008. The complainant by name Jeevan Tukaram Chavan was proceeding from Yermala to Barshi along with his aunt and some unknown persons intercepted the complainant and his aunt and robbed them of all valuables and cash amounting to about Rs. 52,400/­. The applicant came to be arrested after more than two months and during the intervening period the applicant had not 2 absconded. After the arrest there has been no test identification parade conducted so far as the present applicant is concerned. The applicant is stated to have been shown to the complainant at the police station wherein the applicant has been identified. The said identification prima facie could hardly have any evidentiary value. The only circumstance, which goes to connect the present applicant with the crime is the discovery under section 27 of the Evidence Act, pursuant to which an ear ring is recovered from the house of the applicant. The applicant and his father are residing jointly. Barring the said discovery, there is no other circumstance which goes to connect the applicant with the crime. As stated herein above, the applicant is in custody for more than eight and half months. There are no prior criminal antecedents of the present applicant. He is aged about 19/20 years. Having regard to the totality of the facts and circumstances in my view the applicant is entitled to be released on bail. 3. The learned APP appearing for the State submits that the presence of the applicant for the trial needs to be secured and hence appropriate conditions be imposed with a view to secure the presence of applicant. In the result I pass the following order. 4. The applicant shall be released on bail on furnishing personal bond in the sum of Rs.10,000/­ with one surety in the like amount. The applicant shall attend Pangri police station once a week in between 6 to 8 p.m. on every Saturday till conclusion of the trial. Application is disposed of. 3 (A. P. Deshpande, J.)