..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3133 OF 2008 Shri.Shrikant @ Bunty Gajanan Gondhale. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.I.S.Thakur, Adv. i/b. Rathore Sunil Kumar, Adv. for the applicant. Mr.V.B.Konde-Deshmukh, APP, for the State. .... ALONGWITH CRIMINAL APPLICATION NO.3134 OF 2008 Shri.Santosh @ Bala Pundlik Kurle. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.I.S.Thakur, Adv. i/b. Rathore Sunil Kumar, Adv. for the applicant. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th September, 2008. DATED : 11th September, 2008. DATED : 11th September, 2008. P.C.: 1. Heard the learned Advocate for the Applicants and the learned APP for the State. 2. The applicants are seeking bail in ..(2).. C.R.No.135 of 2008 of Trombay Police Station. The said case is mainly under Sections 392, 170, 420 of IPC. 3. The prosecution case is that Bansilal was travelling by bus to Mumbai along with jewellery valued at about Rs.49 lakhs. On the way two persons entered into the bus. They stated that they were policemen. They enquired with Bansilal about the contents of the bag and told him that the bag is to be checked and he has to come to police station. On their say, Bansilal got down from the bus and accompanied them. First they sat in a rickshaw. After travelling for some distance, Bansilal was made to sit in another rickshaw. Thereafter, the two persons made him sit in a Scorpio car and later on in an Indica car. Instead of being taken to police station, he was taken to Lonavala. Thereafter he was made to get down from the car and the bag containing jewellery was taken away from him. Thereafter those persons ran away. 4. The learned Advocate for the applicant has pointed out that two Test Identification Parades have been held. One T.I.Parade was held on ..(3).. 6.5.2008 and the second T.I.Parade was held on 13.5.2008. Both the applicants were put in the T.I.Parade which was held on 6.5.2008. In the said parade the role attributed to the applicants by Bansilal is that they were the persons who snatched away from him the bag containing jewellery. However, in the parade held on 13.5.2008 wherein two other accused persons i.e. Shivaji Chavan an Shivaji Mane were put up for identification, it is stated that those two persons also snatched the bag containing jewellery. At the initial stage, Bansilal in his statement has stated about presence of only two persons. Even at Lonavala where the bag was actually snatched away from Bansilal, he has made reference to only two persons. However, in the T.I. Parades, he has identified four persons as having taken part in the incident. Looking to this fact, I do find much merit in the submission of the learned Advocate for the applicant that there is some confusion in relation to the identification of the accused by Bansilal. Looking to this fact, I am inclined to grant bail to the applicants. 5. The applicants- Shri.Shrikant @ Bunty ..(4).. Gajanan Gondhale, and Shri.Santosh @ Bala Pundlik Kurle to be released on bail in the sum of Rs.40,000/- (Rs.Forty Thousand Only) each with one or two sureties to make up the said amount. The applicant shall report to Trombay Police Station twice in a week for three months and thereafter once in a week, till conclusion of the trial. 6. Both Criminal Applications are disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)