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. 1232 OF 2008 CRIMINAL APPLICATION NO. 1232 OF 2008 CRIMINAL APPLICATION NO. 1232 OF 2008 IN IN IN CRIMINAL APPEAL NO. 1142 OF 2008 CRIMINAL APPEAL NO. 1142 OF 2008 CRIMINAL APPEAL NO. 1142 OF 2008 Shri Mukesh @ Jitu Kuber Patel ...Applicant/ Appellant (Orig.Accused No.6) vs. The State of Maharashtra ...Respondent (Orig.Complainant) Mr.Dnyaneshwar Deshmukh for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : DECEMBER 1, 2008 DATED : DECEMBER 1, 2008 DATED : DECEMBER 1, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant is the original accused no.6 and is convicted for the offence punishable under Section 395 read with 34 of the IPC and is sentenced to suffer RI for 7 years. The applicant was on bail during trial. 3. Prosecution case is that the applicant alongwith others assaulted the complainant and took away the bag - 2 - which he was carrying by throwing chilly powder in his eyes. 4. The learned counsel for the applicant submits that no specific role has been attributed by any of the eye witnesses to the applicant. He further submits that the applicant was not identified by both the eye witnesses in the court though he was identified by them in the test identification parade. He submitted that therefore, under these circumstances, the applicant was entitled to be released on bail. 5. The learned APP on behalf of the State, on the other hand, submitted that though the applicant was not identified by the eye witnesses in the court, he had been identified in the test identification parade. He submitted that there was one case pending against the applicant. 6. Since the applicant has not been identified by the PW1 and PW2 in the court, it creates doubt about the test identification parade which was held by the Special - 3 - Executive Magistrate - PW4 on 5th November, 2005 in the jail premises. In view of this, the applicant has made out a case for grant of bail. 7. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to Malad Police Station once in a month. 8. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)