1 Cri.A.4389.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4389 OF 2011 Gahininath S/o Ishwar Bhosle Age : 20 Years, Occup.: Labour R/o Belgaon, Tq. Karjat, Dist Ahmednagar. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Smt.Sadhana S.Jadhav,Advocate holding for Shri.Satej S.Jadhav, Advocate for Applicant. Shri.B.V.Wagh, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 28TH NOVEMBER, 2011. PER COURT : 1. Heard learned counsel for both the sides. 2. The present applicant is arrested in connection with Crime No. I-54 of 2011, registered with Karjat Police Station District Ahmednagar, for the offence punishable under sections 395, 397, 412, and 414 of the Indian Penal Code. The FIR indicates that some unknown persons had entered the house of the complainant and had indulged in occurrence. The present applicant came to be arrested on 10.05.2011. Since incident had taken 2 Cri.A.4389.11 place for longtime, one may not insist for identification parade as part of the investigation. At the same time, there is no material placed before the Court to show that the present applicant was confronted with victims of the occurrence and the said victims have identified the present applicant as one of the applicant. This is the lacuna in the course of investigation. It is true that iron rod is recovered at the instance of present applicant. In absence of identification that recovery of iron rod is inconsequential. Similarly, one Bajaj Motorcycle also was recovered. According to the prosecution, this Bajaj Motorcycle was used in the occurrence. This recovery is also inconsequential in the absence of identification. All this will go to show that there is no material in the charge-sheet to link the present applicant with occurrence complained of. Consequently, he would be entitled to bail. Hence, the following order. (i) The applicant is hereby ordered to be released on bail in connection with Crime No. I-54 of 2011, registered with Karjat Police Station District Ahmednagar, for the offence punishable under sections 395, 397, 412, and 414 of the Indian Penal Code in the sum of Rs.20,000/-(Rupees Twenty Thousand) with one surety in the like amount. The applicant shall execute P.R. bond of sum of Rs. 20,000/-(Rupees Twenty Thousand). 3 Cri.A.4389.11 (ii) The applicant shall report to the concerned Police Station on every 2nd Saturday of every month between 4.00 a.m. to 5.00 p. m. till 31st May, 2012. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK