IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.561 OF 2008 IN CRIMINAL APPEAL NO.786 OF 2007 Faijan Fajal Shaikh )..Applicant Versus The State of Maharashtra )..Respondent ---- Mr.Ganesh Gole for the applicant. Mr.A.S.Shitole APP for the respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 5.8.2008. PC CRIMINAL APPEAL NO.786 OF 2007 1. Heard both sides. Admit. CRIMINAL APPLICATION NO.561 OF 2008 1. This is an application for grant of bail. The first application which was preferred by the applicant was withdrawn and this Court clarified that, that was not the order on merits. The applicant is in jail since 2.7.2007 i.e. more than a period of one year. The maximum sentence imposed under Section 397 is of 7 years. On perusal of the record, I find that the Court has dis-believed the : 2 : identification parade evidence as meaningless since the accused was shown to the witnesses at the police station. It is alleged that at a razor point a taxi and some cash was robbed from the taxi driver. Though the police officer admits that he knew the names of the accused persons, the names of the accused are not mentioned in the FIR. There is a strong arguable case. Learned APP on instructions from PSI Bhaskar Nalavade submits that there are no antecedents against the present applicant. The applicant has already undergone more than one year sentence. It is therefore, directed that pending the disposal of the appeal, applicant be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he reports to J.J.Marg police station once a fortnight on the 1st and 3rd Mondays of every month till the disposal of the appeal. Application stands disposed off. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)