IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 543/2008 Pandhari Bapurao Walkonde..vs.. The State of Maharashtra. --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 29 th FEBRUARY, 2008. Heard Shri R.M.Daga, Advocate, for the applicant and Shri Sonare, A.P.P. for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. Accused along with other four is being prosecuted for the offence punishable under Section 395, 399, 120-B, 201 of I.P.C., arising out of Crime No. 163/07 of Police Station Ballarsha. The evidence which is pressed against the present applicant is the seizure of one Mobile Phone and the knife. The offence appears to be dated 14.6.2007. The applicant was arrested on 17.6.2007. The identification parade was carried out on 14.7.2007. Admittedly, the applicant unlike the other accused Pramod was not identified. The other accused Sanjay and Deepak were also not identified. They are stated to be released on bail by the trial Court. As regard the evidence of seizure of the incriminating articles, suffice it to say that it is not emanating from the disclosure statement of the present accused recorded in presence of Panchas. The said discovery appears to be proceeded with the statement of co- accused Pramod, who had named the present applicant. It is not known as to why Panchas could not be collected at that time for recording the statement of the present applicant. Of course, the liability and the assessment of that evidence would be made at the stage of trial, however, considering the fact that the other co- accused who were not identified in the identification parade are released on bail, and as the present accused/applicant was not identified in the said identification parade, he would be entitled for bail, however, subject to conditions. The applicant be released on bail on furnishing surety and P.R.Bond of Rs. 20,000/-, subject to conditions that he shall report at Police Station Ballarsha on first Sunday of each month until further orders or the trial is over. Bail in trial Court. Application stands disposed of. JUDGE Rvj.