1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 546/2011 (APPA) in Criminal Appeal no. 411/2011. Nilesh Haribhau Bagmare .vs State of Maharashtra, Through PSO Ganeshpeth, Nagpur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. A.C.Jaltare, Advocate for applicant. Mr.R.S.Nayak, APP for the respondent. CORAM : P.V.HARDAS & S.B.DESHMUKH,JJ DATE : 29.9.2011 1. This is an application filed by the applicant / original accused no.3 for suspension of the substantive sentence of imprisonment for life and his enlargement on bail pending decision of the appeal. 2. The applicant, along with the other accused, stands convicted for an offence punishable under section 302 of the Indian Penal Code and sentenced to imprisonment for life by the District Judge -2 & Additional Sessions Judge, Nagpur by Judgment dated 2` 8.8.2011 in Sessions Trial No. 171/2008 on the allegations that the applicant, along with others, had committed murder of one Pawan on 1.2.2008 at about 8.30 a.m.. 3. The evidence against the applicant rests upon the solitary testimony of P.W.4 Abhay, whom the prosecution claimed to be an eye witness. The trial Court accepted the evidence of the prosecution and accordingly convicted and sentenced the applicant and the other accused. 4. Mr. Jaltare, learned counsel for the applicant has invited our attention to the First Information Report lodged by P.W.4 Abhay, in which P.W.4 Abhay does not implicate the present applicant. In the First Information Report, P.W.4 Abhay discloses the names of other two accused and states that there were other two persons involved in the commission of the offence. It appears that on 20.3.2008 i.e. practically after about seven weeks, a supplementary statement of P.W.4 3` Abhay came to be recorded by police during investigation and in the said supplementary statement P.W.4 Abhay also does not implicate the present applicant. The evidence against the applicant comprises of his identification in the Test Identification Parade by P.W.4 Abhay. Mr. Jaltare, learned counsel has invited our attention to the cross-examination particularly paragraph no. 12 of the evidence of P.W.4 Abhay, in which P.W.4 Abhay has admitted that he knows Nilesh since their respective child-hood. It is, therefore, apparent that he knew Nilesh by name since their respective childhood and consequently, it is urged before us by the learned counsel for the applicant that no reliance at all can be placed on the test identification parade. It is also brought to our notice that omission has been duly proved that P.W.4 Abhay had made no reference to the name of the present applicant either in the First Information Report or in the supplementary statement. The trial Court has dealt with this aspect of the matter in paragraphs 41 and 42 of the Judgment. The learned counsel for the parties candidly admitted 4` that apart from the evidence of P.W.4 Abhay, there is no other evidence even of circumstantial nature. 5. In the light of the aforesaid facts and in the light of the fact that the applicant was on bail during the trial, we are inclined to suspend the substantive sentence of imprisonment and direct the release of the applicant on bail on the following conditions. i) The applicant shall be released on bail on the applicant's furnishing a P.R.Bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial court. ii) The applicant shall attend Ganeshpeth Police Station, Nagpur, once in three months on first Saturday of the quarter. iii) Any breach of the condition of attending the Police Station shall be intimated by the Ganeshpeth Police Station, Nagpur to the learned APP and liberty is, 5` therefore, given to the Respondent State to seek for cancellation of the bail granted to the applicant. 6. The application is allowed on the terms and conditions indicated above. Hamdast granted. JUDGE JUDGE patle