1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2846 OF 2010 Arun s/o Sawala Dhotre Applicant Versus The State of Maharashtra & another Respondents Mrs.Renuka V. Ghule, advocate for the applicant. Mr. K.S.Patil, A.P.P. for the Respondents CORAM: A.V.POTDAR, J. DATE : 11 th August, 2010. P.C.: 1 By the present application, the applicant has approached this Court for his release on bail in connection with CR No.96/09, registered in Shirsala Police Station, District Beed, for the alleged offence under Section 395 of the Indian Penal Code, in which, applicant came to be arrested on 19.03.2010. It appears that charge sheet was already filed in this case on 22.03.2010. Thereafter, after passing requisite committal order, trial in this case was committed to the Court of Sessions, Ambajogai and numbered as Sessions Case No.12/10. 2 2 Considering the submissions across the bar, it appears that CR No.96/09 was registered on the basis of complaint lodged by one Dnyaneshwar Murlidhar Kakade about the alleged incident which took place on 13.08.2009, in which about 8 to 10 unknown persons committed dacoity in the residential place of complainant in the night of 13th August and 14th August around 2.30 a.m. to 3.00 a.m. In the said incident, the culprits have stolen gold ornaments worth Rs.1,20,000/-, silver ornaments worth Rs.2000/- and cash approximately in the sum of Rs.25,000/-. It appears that, present applicant came to be arrested in connection with the said offence on 19th March, 2010. It is to be noted that even the offence is registered against the unknown persons, after the arrest of applicant, no T.I. parade was arranged for his identification by the inmates of the house of complainant with a view to ascertain his identity in the commission of offence. The explanation of the learned A.P.P. that at the time of conducting T.I. Parade, as the present applicant was not available, he was not introduced in the parade, is a lame excuse, as at the relevant time, the applicant was not arrested at all. The T.I. parade was to be arranged only after his arrest and not before that. The papers of investigation discloses that nothing was recovered at the instance of present applicant while the accused, at whose instance, cash as well as ornaments were recovered, they were released on bail by the lower Court. The reason given by the lower Court is that the applicant is involved in two other crimes registered in Shirsala Police Station as well as in 3 Gevrai Police Station. At this juncture, it is not safe to comment on that issue, but the fact remains, the only evidence against the applicant collected during the course of investigation is the statement of co-accused without any supporting evidence of independent witnesses. If it is so, case is made out to release the applicant on bail on certain conditions. 3 Hence the following order: ORDER (a) Criminal Application is allowed. (b) The applicant be released on bail on furnishing local solvent surety in the sum of Rs.20,000/- (Rs.Twenty thousand) and on executing P.R. bond in the like amount. (c) After release on bail, applicant to give attendance in Shirsala Police Station on each 15th and 23rd day of the month till trial of Sessions Case No.12/10 will finally stand disposed of. (d) Application is disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln284610