..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2366 OF 2008 Mr.Ramchandra Shitlaprasad Pandey @ Bacchi Pandey. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.S.V.Marwadi, Adv. for the applicant. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 12th August, 2008. DATED : 12th August, 2008. DATED : 12th August, 2008. P.C.: 1. Heard the learned Counsel for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.290 of 1990 of Ulhasnagar Police Station. The said case is mainly under Section 302 of IPC. 3. In the incident two persons died and one person was injured. The role attributed to the applicant is that he had fired at the police constable Surve who was accompanying the deceased Anna Shetty. Both Anna Shetty and Surve lost ..(2).. their lives in the incident. Witness Pandit has identified the applicant as the person who shot the police constable. 4. Mr.Marwadi has submitted that the photographs of the accused person was shown to the witnesses and hence identification of the applicant by the witnesses in the TIP cannot be relied upon. As far as this aspect is concerned, the witness has stated that photo of only Baba Gebriyal was shown. It is not the case of the witness that the photo of present applicant was shown. There is no material to show that the photograph of the present applicant was shown to any of the witnesses. Thereafter Mr.Marwadi submitted that the applicant has been shown to the witnesses, including the witness Pandit who is injured witness, in the police station and hence the identification of the applicant by the witnesses in TIP cannot be relied upon. In support of his contention, he has placed reliance on the further statement of witness Pandit dated 19.3.1995 wherein witness Pandit has stated that on that day i.e. on 19.3.1995 he has identified one accused in crime branch and he is the one who ..(3).. had fired at police constable Surve. However, it is seen that the TIP was held in the jail. After the TIP as per usual practice, further statement of the witness has been recorded. The said statement was recorded in the crime branch and hence statement to that effect has been made by the witness. In any event, this is an aspect which can be gone into at the time of trial. 5. Looking to the fact that the applicant was arrested in another case he ran away from custody in that case and he had to be rearrested and brought back, I do not think that this is a fit case to enlarge the applicant on bail. Hence, application for bail is rejected. 6. Trial is expedited. Trial to be completed as far as possible by 31st December, 2008. In case the trial is not completed by 31st December, 2008 liberty to the applicant to prefer fresh application for bail. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)