1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2316 OF 2010 Bhausaheb S/o.Chhagan Bhosle, Age-32 years, Occu-Agriculture and Labour, R/o.Mukindpur, Tq.Newasa, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 06/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 577/2008, registered in Tophkhana, Ahmednagar Police Station, in which he came to be arrested on suspicion on 19/10/2009, in which charge sheet is already filed and the trial is committed to the Court of Sessions and numbered as SCC No.223/2009. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. Applicant has claimed bail on two grounds, i.e. on the ground of parity, as the another accused Rajendra Chavan is released on the same set of facts and secondly, nothing was recovered at his instance, even though is in custody for more than last 8 months. The incriminating circumstance against him is only that he was identified in the Identification parade by the complainant which was held on 30/11/2009. 4. Perusal of the papers of investigation discloses that some unknown persons have committed dacoity in the house of Prakash Sawant in the night of 30/12/2008 and the present applicant came to be arrested in connection with this case after the gap of 10 months on 19/10/2009 and on the same day was introduced in the Identification Parade. Supplementary statements of the inmates in the house of complainant, which were recorded on 30/10/2009, indicates that they have not identified this applicant, but the applicant was identified by only Prakash. Other than this, there are no incriminating circumstances against this applicant. It is also to be noted that the role played by the applicant, if any, was also not disclosed by the identifying witness. If it is so, on the ground of parity, case is made out to enlarge the applicant, but on certain conditions. Hence order - O R D E R 1. Application is allowed. 2. Applicant be released on bail, if not required in any other offence, on furnishing solvent surety in the sum of Rs.15,000/- 3 and on executing PR bond in the like amount. 3. The applicant not to leave the local jurisdiction of Sessions Court, Ahmednagar without previous permission in writing from the Court concerned or the Investigation Officer till disposal of trial against him. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2316-10