1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.178 OF 2010 IN CRIMINAL APPEAL NO.366 OF 2009 Prakash Bane @ Taklya Pakya ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.S.C. Kanojia for Applicant Mr.A.S. Shitole-APP for State ---- CORAM: V.M. KANADE J. DATED: 25TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been convicted for the offence punishable under sections 170 r/w. 34, 395, 397, 342 r/w. 34 of the Indian Penal Code and sentenced to suffer R.I. for seven years with fine of Rs.5,000/- and, in default of payment of fine amount, the Applicant has to suffer further R.I. for one year. The Applicant has already undergone 14 months of 1 sentence. The only material which is on record against the Applicant is the test identification parade. It is submitted that even the test identification has not been conducted properly. 3. The learned Counsel for the Applicant has invited my attention to the statement given by the Special Executive Magistrate to that effect so far as the present Applicant is concerned. Hence, the Applicant deserves to be released on bail. 4. The Applicant be released on bail in a sum of Rs. 5,000/- on execution of P.R. Bond with one or two sureties in the like amount. He shall report to the Dongri Police Station once in a month. 5. Application is disposed of. (V.M. KANADE J.)