1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5818 OF 2009 Arun Tangraj Devendra .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. J.S. Padam for the applicant. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 1ST FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No. 185 of 2009 dated 14th September 2009 registered at Wadala T.T. Police Station, Mumbai. 3. The prosecution case in short is that on 2 13th September 2009 at about 10.30 p.m., Mr. Shankar Prasadi Modi Barnwal and Mr. Dattatray Sharma (the complainant) were sitting and chatting near Sion-Chunabhatti Station. At that time, four unknown persons came and assaulted Shankar Prasadi and in the assault, the complainant also suffered injuries. Shankar Prasadi was removed to the hospital where he was declared dead. The complainant lodged the F.I.R. 4. There was no motive for the assault. The applicant was arrested on the basis of suspicion. His application for bail was rejected by the Sessions Court, inter alia, on the ground that the investigation was in progress and the identification parade was not then held. 5. Today, the learned A.P.P. submits that the identification parade was held today, i.e. 1st February 2010 at 1.00 p.m. He submits that the complainant was unable to identify the present 3 applicant. Thus, there is no direct evidence against the applicant. Learned A.P.P. was also unable to point out any other circumstantial evidence of credence connecting the applicant to the crime. 7. In the circumstances, in my view, the applicant can be granted bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing a personal bond of Rs.20,000/- with one surety of the like amount subject to a condition that the applicant shall report to the concerned police station once every fortnight, i.e. 1st or 2nd and 16 or 17th of every British calendar month till the conclusion of the trial. Breach of this condition would result in cancellation of bail. (D.G. KARNIK, J.)