IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 117 OF 2010 THE STATE OF MAHARASHTRA VERSUS SHYAM DEVIDAS DAHALE AND ORS ... Advocate for Appellant : Smt. S.D.Shelke ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: September 14, 2011 ... PER COURT:- 1. The appeal is listed in order matters' category on account of failure to serve the accused persons. 2. Considering the time lost in service, we thought it appropriate to hear the appeal finally. 3. Heard learned APP. 4. Perused the judgment. 5. It is seen that it is a case of burglary by six unidentified accused persons. 6. The case would have a desired result if the accused are identified, offence is proved and possible akl IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 117 OF 2010 (2) recovery has been effected. Neither of these things are present in this case. 7. The identification parade conducted by Naib- Tahsildar has come under a serious cloud of doubt due to the infirmities in general and specially in absence of witnesses identifying the accused. 8. In this situation, filing of appeal seems to have been done routinely and as a mechanically carried out exercise. 9. We find no merit in the appeal. 10. Appeal is dismissed. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl