BA-495-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.495 OF 2011 Kailas Lahanu Pawar ... Applicant V/s. The State of Maharashtra ... Respondent None for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. Mr. S.K. Paradke, API, present in person. CORAM:- A.M. THIPSAY, J. DATED :- 29 TH JULY, 2011. P.C. : 1. Heard. 2. This is an application received from Jail. Since it was not accompanied by the relevant documents, a report was called for from the concerned Court. I have gone through the said report. I have also heard the learned APP for the Respondent and API S.K. Paradke, who is present before the Court. From the report it appears that all the other accused in this case, i.e. Accused Nos.2 to 10, have been released on bail. The Applicant was, however, not released on bail. 3. The incident of dacoity took place on 17th March, 2009. The offenders were stated to be "unknown". In the course of investigation, no test identification parade was held to establish the identity of any of the accused BA-495-11.sxw 2 Dixit persons. It appears that the case of the Applicant was distinguished from the case of the other accused, because it is alleged that an 'axe', allegedly, used in the commission of the offence and cash of Rs.3,500/-, which is said to be part of the robbed property, is recovered at the instance of the Applicant. 4. The Applicant is in custody since March, 2009. The recording of evidence has not yet commenced. 5. Considering all the relevant aspects of the matter, including the period undergone in custody as an under-trial prisoner by the Applicant and the nature of material on the basis of which he is sought to be connected with the alleged incident, I am inclined to release him on bail. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.30,000/-, with one surety in like amount. 8. A copy of this order be served upon the Applicant in prison and compliance be reported to this Court. [A.M. THIPSAY, J.]