jpc ba789-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.789 OF 2011 Wazid Wahid Ansari ... Applicant Versus The State of Maharashtra ... Respondent Mr. V. K. Singh i/by A. K. Upadhyay for the applicant Mr. J. P. Kharge, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 18th July, 2011. P.C. : 1. Heard Mr. Upadhyay, the learned advocate for the applicant and Mr. Kharge, the learned APP for the State. 2. I have gone through the bail application and the annexures thereto. 3. Pursuant to the order passed on 5th July, 2011, the investigating Officer is present with the case diary. He has also produced the memorandum of test identification parade, a copy of which is taken on record. jpc ba789-11.sxw 2 4. The applicant is sought to be connected with the alleged offence only on the basis of his identification as an assailant by some witnesses. 5. The incident took place on 25/9/2010. Accused No.1- Amit Sinha- was arrested on 26/9/2010. The present applicant was arrested on 30/9/2010. 6. The test identification parade was held on 18/12/2010 i.e. after about more than 75 days from the arrest of the applicant. Further, interestingly, the memorandum of test identification parade was not available with the investigating officer. It has not been submitted or incorporated in the charge sheet. Supplementary statement of the identifying witnesses were not recorded by the investigating agency after the test identification parade was held and apparently, therefore, the investigating officer was not aware whether the witnesses had identified the applicant or not, but had still filed the charge-sheet against the applicant. 7. The weapon allegedly used in the offence i.e. a country made pistol, is said to have been recovered during the course of investigation. However, it has been recovered from the co-accused-Amit Sinha. Further, there is no ballistic expert's report, indicating it to be the same jpc ba789-11.sxw 3 weapon. 8. The applicant is in custody since 28th September, 2010. It is submitted that there are some other cases pending against the applicant. However, looking to the nature of the material, on the basis of which, the applicant is sought to be connected with the present offence, it is proper to release him on bail. 9. The application is allowed. 10. The applicant is ordered to be released on bail in the sum of Rs. 30,000/- (Rupees thirty thousand only), with one surety in like amount, or two sureties in the sum of Rs.15,000/- each. (A.M. THIPSAY, J.)