( 1 ) cria5012.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5012 OF 2010 Narya Vikas Kale .. Applicant Age. 40 years, Occ. Labour, R/o. Salbatpur, Tq. Newasa, Dist. Ahmednagar. Versus The State of Maharashtra .. Respondent Mr. A.D. Kharade, Advocate for the applicant. Mr. D.V. Tele, A.P.P. for respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 23.12.2010 P.C. :- 1. The application is for bail. 2. The applicant is arrested for offence punishable under section 397 of the Indian Penal Code. 3. Having heard learned advocate for the applicant and learned A.P.P. and on consideration of the investigation ( 2 ) cria5012.10 papers, it prima facie appears that there was no recovery effected from the applicant. The F.I.R. was lodged by Prakash Savant on 30th December, 2008. The alleged dacoity is said to have been committed in odd hours in night. It is pertinent to notice that the applicant is arrested only on basis of his identification during the course of T.I.P. (Test Identification Parade). The T.I.P. was carried on 07.09.2009 i.e. after about eight months of the alleged incident. The applicant was arrested on 1st August, 2009. So, it is manifestly clear that the T.I.P. was held after a considerable period from the date of occurrence and that is the only slender thread to implicate the applicant. 4. Considering the nature of investigation and non- recovery of any stollen article from the applicant, the bail application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with one solvent surety in like sum to the satisfaction of the Court of Sessions and on condition that he shall report his presence to the concerned police station on each Sunday between 10.00 ( 3 ) cria5012.10 a.m. to 2.00 p.m. throughout the pendency of the Sessions Trial and his failure to report his presence to the concerned police station may entail cancellation of his bail. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cria5012.10