1 appa 538 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.538 OF 2011 IN CRIMINAL APPLICATION NO.336 OF 2011 Yogesh R Vyapari .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Waseem Shaikh, for the Applicant. Mr. S.A. Shaikh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 5th July, 2011 P.C. 1. This is an application for bail by a person convicted for the offence punishable under Sections 392, 341 read with section 34 of the Indian Penal Code and sentenced to R.I. for 3 years and fine of Rs.1,000/-, by the learned Additional Sessions Judge, Kalyan. Learned counsel for the applicant first submits that the victim did not have an opportunity to see the faces of miscreants as they wore the helmets. Secondly miscreants were shown to the first informant on the next day in the police station and thereafter test identification parade was held. Therefore, according to him identification of the applicant was totally unbelievable and therefore, applicant should not have been held guilty by the learned Judge. As 2 appa 538 of 2011 rightly pointed out by the learned APP, immediately after receipt of the information police arrested six persons including present applicant at railway plat form and seized from the applicant 100 currency notes of Rs. 1000 denomination and 200 notes of Rs. 500 denomination. The complainant had lost the amount which included the 105 currency notes of denomination of Rs.1,000/- and 200 notes of Rs.500/- denomination. The question whether the learned Judge was justified in convicting them or not must await the hearing of the appeal on merit. No case for bail is made out. Bail application is rejected. Appeal be taken up for expeditious hearing. 2. Application stands disposed of accordingly. (R. C. CHAVAN, J.)