2408apeal413.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO. 413 OF 2011 AND CRI. APPLICATION (APPA) NO. 551/2011 IN CRI. APPEAL NO. 413/2011 (Mohd. Shakir Mohd. Inayat Ali Vs. State of Maharashtra) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .......................................................................................................................................................................................... Shri R. M. Daga, Advocate for applicant. Shri N. R. Rode, A.P.P. for the State. CORAM : U. V. BAKRE, J. DATED : 24TH AUGUST, 2011 1. Heard. 2. Admit. 3. Call for R. & P. CRI. APPLN. NO. 551/11 : 1. This is a case of dacoity in running train. The applicant was accused No.5 and, along with other accused, he has been convicted and sentenced for offence punishable under Section 395 read with Section 397 of the Indian Penal Code to undergo R.I. for seven years and to pay fine of Rs.5,000/-. 2. It is seen that the applicant was arrested on 02/4/2010 and since then he has been in custody and now in the jail. 3. Perusal of the impugned judgment reveals that none of the eye witnesses has identified the present applicant. Even, in the test identification parade, the applicant was not identified. The only evidence 2408apeal413.11.odt 2/2 against the applicant is recovery of cash of Rs.3,000/-, three Mangalsutra, one wrist watch, one electric heater and one knife, all worth Rs.11,020/-, at his instance. However, it is seen that panch witness (P.W.-15) relating to the recovery panchanama had turned hostile. 4. Considering the nature of the evidence on record, I am of the view that the applicant should be released on bail by suspending the order of sentence, with appropriate conditions. 5. In the result, the application is allowed. 6. The execution of the impugned sentence as against the applicant is suspended until the final disposal of the appeal. The applicant shall, however, deposit the fine amount of Rs.5,000/- before the trial Court at the time of furnishing the surety. The applicant shall be released on bail upon execution of personal recognition bond in the sum of Rs. 30,000/- (rupees thirty thousand only) with one solvent surety in the like amount under the following conditions :- (a) The applicant shall attend the Railway Police Station, Nagpur once in every week, i.e. on every Sunday. (b) Either the applicant or his Advocate on record shall attend every date of hearing of the present appeal. 7. The request of the other accused persons in the case, if made, shall be considered independently, on its own merit. JUDGE wwl