( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.302 OF 2008 CRIMINAL APPLICATION NO.302 OF 2008 CRIMINAL APPLICATION NO.302 OF 2008 Anil Tukaram Somwanshi & Ors. .. Applicants. Versus The State of Maharashtra .. Respondent. Mr.Sudhir Halli for the applicants. Ms.Alpa Javeri, A.P.P. for the State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 29th April, 2008. DATED : 29th April, 2008. DATED : 29th April, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Sudhir Halli for the applicants and Ms.Alpa Javeri, A.P.P. for the State. 2. The applicants are arrested in C.R.No.123 of 2007 of the Yerawada police station, Pune for a charge under Section 395 of the Indian Penal Code in regard to the incident which is said to have taken place on 3.4.2007. Affidavit in reply is filed by the State. 3. I have heard learned Advocates on both the sides for the purposes of ascertaining the role of each of the present applicants. The record shows that though the applicants were said to be unknown to the victims, no identity parade was held and the identity of atleast applicant Nos.2 and 3 was sought to be fixed by confrontation of these two applicants with Anil Kokate, who is also an eye witness. This method of fixing of identity of applicant Nos.2 and 3 is not ( 2 ) proper as such the identity of the applicant Nos.2 and 3 has not been made out in a proper manner. 4. Sofar as recovery of the cash and articles are concerned, one "Bajaj Pulsar" bearing No.MH-12-BU-603 and the cash of Rs.20,000/- is recovered at the instance of applicant No.1. The registration of this "Bajaj Pulsar" motorcycle is different than the one which is set out in the F.I.R. and as such this recovery of motorcycle will not go against the present applicant No.1. Sofar as applicant No.2 Raju More is concerned, the sum of Rs.40,000/- is recovered from him and at the instance of applicant No.3, one "Koyata" is recovered. Except the aforesaid recovery, there is no further material. 5. The affidavit in reply makes a mention of the antecedents of applicant No.2 and is a ground taken up for opposing the grant. 6. With the aforesaid material on record, I am inclined to observe that in the absence of proper fixing the identity of the present applicants, the prosecution case is absolutely on a weak footing, particularly, when the witnesses have stated that the assailants were unknown to them, the recovery which is mentioned aforesaid as against the respective ( 3 ) applicants is in respect of articles, which would not specifically link to the present applicants with the alleged incidence as the recovery of cash or Koyata will have to be treated as a recovery of articles in general and the recovery of the Bajaj Pulsar of a different registration cannot bind the applicant No.1 in the present incidence. As such, applicants have made out a case for bail as no prima-facie case is made out against the present applicants. Hence, the order :- a) Each of the applicants is granted bail in C.R.No.123 of 2007 of Yerawada police station and accordingly, each of the applicants is ordered to be released on bail in the sum of Rs.15,000/- with one surety in the like amount. Each of the applicants to execute P.R.Bond in the sum of Rs.15,000/-. b) Each of the applicants to report to the concerned police station on every 2nd and 4th Monday between 6.00 p.m. and 11.00 p.m. till 31.10.2008. 7. Application stands disposed off in the above terms. ( 4 ) (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)