rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1269 OF 2008 CRIMINAL APPLICATION NO. 1269 OF 2008 CRIMINAL APPLICATION NO. 1269 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1140 OF 2008 CRIMINAL APPEAL NO. 1140 OF 2008 CRIMINAL APPEAL NO. 1140 OF 2008 Michal Rajan Nadar .. Applicant Vs. The State of Maharashtra .. Respondent Mr.Niranjan Mundari for the Applicant. Mr.J.P.Yagnik, A.P.P.for the State. CORAM : A.S.Oka, J. CORAM : A.S.Oka, J. CORAM : A.S.Oka, J. DATED : 27TH JANUARY, 2009 DATED : 27TH JANUARY, 2009 DATED : 27TH JANUARY, 2009 P.C. P.C. P.C. . Heard the learned Advocate for the Applicant and the learned A.P.P.for the State. The Applicant (Accused No.3) has been convicted for the offences punishable under sections 427, 342, 450, 452, 395 read with section 34, and section 397 read with section 395 of I.P.C. The maximum substantive sentence is rigorous imprisonment for seven years. Under the order of this Court, during the pendency of the Trial, the Applicant was enlarged on bail. ( 2 ) 2. This application for bail was opposed by the learned A.P.P.by pointing out that there are eight cases pending against the Applicant. He has tendered on record a report submitted by the concerned police officer. 3. Perusal of the report shows that item nos. 2 and 8 therein refer to the same case which is pending and in which the Applicant has been enlarged on bail. In the case at item no.7, the Applicant was granted anticipatory bail and in all other cases the Applicant has been acquitted. 4. The incident is on 18th October, 2001. The Applicant was arrested on 1st July, 2002. Test identification parade was held on 27th July, 2002. My attention has been invited to the evidence of P.W.1 and in particular the statement made by him in paragraph 18 and 19 of the cross-examination. He admitted that in police station the arrested persons were shown to him and he was asked to identify the said persons. ( 3 ) 5. Considering the nature of evidence, and considering the fact that the Applicant was enlarged on bail during the pendency of the Trial, a case is made out for enlarging the Applicant on bail. 6. Hence, Application is disposed of by passing following order : :: O R D E R :: :: O R D E R :: :: O R D E R :: i. The Applicant (Michal Rajan Nadar) shall be enlarged on bail pending the hearing and final disposal of the Appeal. The bail will be in the sum of Rs.15,000/- with one or two solvent sureties in the like amount. Bail is granted subject to the conditions that the Applicant will report to the MIDC police station, Andheri on every 1st and 3rd Monday of every calender month till the disposal of the Appeal. (A.S.Oka, J.) (A.S.Oka, J.) (A.S.Oka, J.)