IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1203 OF 2010 IN CRIMINAL APPEAL NO. 734 OF 2010 Laxman Modiram Gurjar & ors. ... Applicants. V/s. The State of Maharashtra. ... Respondent. Ms.Anjali Patil for the applicants. A.S.Shitole, APP for the respondent-State. CORAM : V.M.Kanade, J. DATED : 23rd November 2010. P.C. : Heard learned counsel for the applicants and learned A.P.P. for the respondent- State. 2. The applicant – original accused No.1 is convicted for the offence punishable under section 394 of I.P.C. and sentenced to suffer R.I. for five years and to pay fine of Rs.1,000/- and, in default, to suffer further R.I. for two weeks. The applicants – original accused No. 2 and 3 are convicted for the offences punishable under section 452 read with section 34 of I.P.C., section 392 read with section 394 of I.P.C and section 397 of I.P.C. and sentenced to suffer R.I. for seven years and to pay fine of Rs.1,000/- each and, in default, to suffer further R.I. for two weeks. 3. The applicants are original accused Nos.1 to 3. The prosecution case is that four persons entered in the house of the complainant and demanded money by pointing a revolver and chopper. When the complainant declined to co-operate with the accused assaulted him on his hands and thighs. Thereafter the complaint was registered on 6th December, 2007. The applicants were arrested after four to five days. It is an admitted position that the accused were wearing mask. None of the witnesses have stated that the applicants had removed their masks. In spite of this, they were identified by the complainant in the test identification parade. The amount of Rs.200/- only was removed from the complainant’s residence. In my view, prima facie case is made out by the applicants for grant of bail since no explanation has been given by the prosecution as to how they could identify the accused even though they were wearing masks. Hence, applicants deserve to be released on bail. 4. Applicants be released on bail on executing P.R.Bond in the sum of Rs.5,000/- each with two sureties in the like amount. One of the sureties should be local surety. Applicants shall report to the concerned police station once in a month. Application is disposed of according. (V.M.Kanade, J.)