Cri.apln.4736/2010 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4736/2010 IN CRIMINAL APPEAL NO. 447/2010 _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________ Mr. Gajanan Kadam, Advocate for applicant. Mr. S.G. Nandedkar, A.P.P. for respondent/State. Date : 9th December, 2010 1 The appellant is the only accused amongst three who is convicted under Section 307 of Indian Penal Code. It is alleged that the appellant fired a gun shot at the direction of the complainant. It is further allegation that bullet went through the complainant’s right arm and then also brushed his chest. The complainant admittedly did not know the identity of the appellant since prior to the incident. He reported the incident that a unknown person of Sikh community had fired a gun shot at him. But the complainant thereafter said that soon after he lodged his complaint, the police showed him the appellant and he identified him as his Cri.apln.4736/2010 2 assailant. The police also held test identification parade after 7 days of the incident and even at that time, the complainant identified the assailant. The learned advocate appearing for the appellant rightly pointed out that the evidence of the identification of the appellant as the assailant of the complainant is rather thin. He also pointed out that the police could not have held the test identification parade since the appellant admitted that he had an opportunity to see the appellant at the Police Station. The appellant has quite an arguable case. The appellant was on bail during the trial. The appellant deserves bail even during the pendency of the appeal. Order a) Pending the hearing and final disposal of the appeal, the substantive sentence of imprisonment is suspended and the appellant be released on bail, on his executing P.R. bond of Rs.20,000/- (Rs. Twenty thousand) and on furnishing one solvent surety in the like amount. b) The bail bond shall be furnished at the trial Court. c) Criminal application disposed of. d) The parties to act upon copy of this order duly authenticated by Sirastedar of this Court. [A.V. NIRGUDE, J.] ts k/ Cri.apln.4736/2010 3