{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.168 OF 2010 Sunny s/o Sanjay Suryawanshi Age-19 years, Occ-Labour R/o Shivshakti Nagar, Turbhe Square New Mumbai APPLICANT VERSUS The State of Maharashtra Through Officer in charge of Gondi Police Station, Tq-Ambad Dist-Jalna RESPONDENT ....... Mr.B.R.Kedar, Advocate for applicant Mr.B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th January 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.98/2009 registered with Gondi police station, Tq-Ambad for an offence punishable u/s 394 of the Indian Penal Code, as the applicant is arrested on the statement of accomplice Ajay Randive on 09.09.2009 and since then he is in jail. It is informed that after completion of {2} investigation, charge sheet has been filed on 02.11.2009. 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the complaint of one Sanjay Dahale on 01.07.2009 in respect of an incident dated 29.06.2009. It is alleged that the complainant was robbed on the point of knife by two persons and they have also taken away his motorcycle. It further appears that on 11.08.2009 the motorcycle of the complainant was seized from the custody of one Ajay Randive at Mumbai and during his interrogation, name of the present applicant has been disclosed and the applicant came to be arrested. 4. Learned counsel for applicant has urged that other than the statement of accomplice there is no evidence against the applicant. Per contra, learned APP has asserted that the applicant was identified by the complainant and the knife used during the commission of offence has been recovered at the instance of present applicant. 5. It is to be noted that though the offence is registered against two unknown persons, no test identification parade has been conducted. In absence of conduct of identification parade and in view of the fact that the applicant is arrested relying on the {3} statement of the accomplice, which is a weak piece of evidence and also considering the fact that after completion of investigation charge sheet has been filed, the applicant deserves liberty. 6. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of Rs.15,000/- and on executing PR bond in the like amount in connection with CR No.98/2009 registered with Gondi Police station, Tq-Ambad. It is informed that the applicant is in Yervada Central Prison in connection with another offence, in case the applicant is released in that offence, the applicant to report to the concerned police station on 14th and 29th day of each month till commencement of the trial. [A.V.POTDAR, J.] drp/A10/criapln168-10