1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICTION NO.472 OF 2009 IN CRIMINAL APPEAL NO.378 OF 2009 Anwar Salim Shaikh .. Applicant V/s The State of Maharashtra .. Respondent Mr.Mubin Solkar for Applicant. Ms.P.H.Kantharia, APP for State. CORAM: SMT.RANJANA DESAI, & R.G.KETKAR, JJ. DATE: 9TH JUNE, 2009. P.C. 1. The applicant was tried in Sessions Case No. 187 of 2006 alongwith three others for the offences punishable u/s.302 read with S.34 IPC and u/s.397 & 394 of the IPC. By the judgment and order dated 1.1.2009 learned Sessions Judge convicted applicant for the offence punishable u/s.302 read with S.34 of the IPC and sentenced him to suffer life imprisonment. The applicant was also convicted for the offences punishable u/s.397 & 394 of the IPC and was sentenced to suffer 7 years R.I.for each of the offences. The substantive 2 sentences are to run concurrently. Appeal preferred by the applicant is admitted. This is his application for bail. 2. We have heard learned Counsel Mr.Solkar for the applicant at some length. He submitted that the allegation against the applicant is that he robbed the complainant at the point of knife. He submitted that so far as assault on the deceased is concerned, no overt act is attributed to the applicant. Learned Counsel pointed out that one of the accused who is alleged to have assaulted the deceased has been released on bail by this court. Learned Counsel further pointed out that in this case no identification parade was held. The complainant has not identified the applicant in the court,. Learned Counsel submitted that in the circumstances the applicant may be released on bail. 3. We find substance in the submissions of Mr.Solkar. The eye witness PW-1 Vijay Tambde has categorically stated in his evidence that he was unable to identify the accused. No identification parade is held in this case. It is not the case of the prosecution that the applicant assaulted the deceased with any deadly weapon. The only allegation against the applicant is that he robbed the complainant at the point of knife. In our prima-facie opiniion the prosecution 3 has not adduced any cogent evidence to establish the involvement of the applicant. 4. In the circumstances, this is fit case where the applicant should be released on bail. Hence the following order; “Applicant is ordered to be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the amount. While on bail, he shall attend Vashi Police Station once in a week i.e.on every Tuesday between 06.00 p.m. To 08.00 p.m.” 5. Application is disposed of in the aforesaid terms. (SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)