1 appa133310 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1333 OF 2010 IN CRMINAL APPEAL NO. 300 OF 2010 Ajay Gopal Das ...Applicant V/s. The State of Maharashtra ...Respondent Mr. B.P. Jakhade (appointed) for the Applicant Mr. K.V. Saste, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 15TH DECEMBER, 2010 P.C.:- Heard the learned counsel for the applicant as well as the learned A.P.P. 2. The applicant / accused No. 4 is convicted for offences punishable under Sections 302, 397 and 394 of the Indian Penal Code. There is only one eye-witness to the incident, viz., P.W.1. The eye- witness has not identified the accused persons. No identification parade 2 appa133310 was held. In spite of this, the trial Court has proceeded to convict the accused persons, including accused No. 4. The trial Court was impressed by the fact that the Investigating Officer, P.W.6, has explained the circumstances on account of which identification parade could not be held. That does not take the matter any further. In absence of substantive evidence, and particularly when the prosecution case is one of direct evidence, it cannot then be allowed to rely on the circumstantial evidence to fortify finding of guilt against the accused. In such a case, the accused would be entitled for benefit of doubt. This, obviously, is the prima facie view which we are expressing only to consider the prayer for grant of bail. In our opinion, in view of the deficiencies in the prosecution case which are patent, the applicant deserves to be enlarged on bail. 3. We, accordingly, order release of the applicant on bail, unless required in some other case, on the following conditions:- (i) The applicant shall furnish bail bond in the sum of Rs.50,000/- with one or two sureties in like amount. 3 appa133310 (ii) The applicant shall report to the nearest police station of his residence once in a month on the first Monday of every English Calendar month between 9 a.m. to 12.30 p.m. (iii) The applicant shall furnish his latest residential address to the local police station and shall not travel outside Mumbai without prior intimation of 48 hours in writing to the local police station and also disclose his travel programme and the contact place where he would visit. 4. Application is disposed of on the above terms. 5. The Court expresses a word of gratitude for the able assistance given by the learned advocate appointed for the applicant. Copy of this order be forwarded forthwith to the applicant, who is in jail, for his information. A.P. BHANGALE, J. A.M. KHANWILKAR, J.