(1) CRI.APP. 4279.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4279 OF 2010 Shankar @ Ajay Prabhu Netke, Age : 24 years, Occu.: Labour, R/o : Ward No.6, Shrirampur, Taluka Shrirampur, District Ahmednagar .. Applicant VERSUS The State of Maharashtra, Through Kranti Chowk Police Station, Aurangabad (Copy to be served on the Office of Learned P.P. High Court of Bombay, Bench at Aurangabad) .. Respondent ... Mr. Sandeep S. Deshmukh, Advocate for the Applicant Mr. D.V. Tele, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is arrested in crime no. I-230 of 2010 registered at Kranti Chowk Police Station for alleged offence of road robbery and dacoity. 3. Allegedly, on 11.6.2010 old aged mother of the complainant had gone to take morning walk. While she was walking from behind the Court premises, four (2) CRI.APP. 4279.2010 persons came from her behind on two motorcycles and one of them slowed the pace of the motorcycle, got removed a gold chain from her neck and forcibly took it away. 4. The applicant was arrested after about 6 days alongwith some other co-accused. It is stated that the gold chain was recovered at the instance of the applicant by drawing a panchanama in pursuance to his statement under section 27 of the Evidence Act. 5. Heard learned Advocate for the applicant and learned APP. Perused the investigation papers. 6. Though the road robbery and chain snatching occurred in the morning time and can be regarded as a serious offence, yet the clinching question is whether the applicant is prima facie guilty of the alleged offence? It appears that during course of T.I.P. (Test Identification Parade) he was not identified by mother of the complainant or anyone else. It appears that a co-accused named him and thereafter, the recovery was made at his instance. The mere recovery by itself is not substantial (3) CRI.APP. 4279.2010 evidence. In any case, at this juncture, there is prima facie case made out by the applicant to seek liberty when the evidence about his identity as the robber is rather shaky. The evidence collected by the prosecution cannot be critically examined at this juncture. No finding on merits can be recorded. 7. Taking overall view of the matter, I find that the applicant is entitled to the liberty and as such his application for bail will have to be granted. 8. The Application is allowed. The applicant shall be released on bail on furnishing of the bail bonds in the sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety to the satisfaction of the concerned Presiding Officer of the Court and on further condition that he shall report his presence to the P.S.O. City Police Station at Shrirampur each day between 8.00 pm. to 9.00 pm. during the period of the trial. Sd/- [V. R. KINGAONKAR, J.] arp