IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.716 OF 2009 Shri Deepak Waman Sapke ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Mahendra Kawchale for Applicant Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 26TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested by the Vithalwadi Police Station on 24.6.2007 in Crime Register No. I-14 of 2007 for the offence punishable under sections, 395, 397, 341 r/w. 34 of the Indian Penal Code and section 25 (1) (c) of the Arms Act. 3. The prosecution case is that when the Complainant Chandansingh Jawahar Singh Rajpurohit was closing his jwellery shop, one person came inside the shop with revolver and, thereafter, five other persons were entered the shop and committed decoity of jwellery and ornaments worth Rs.13,18,660/-. 4. Admittedly none of the witnesses have been named the present Applicant. No test identification parade has been held. No recovery has been made at his instance of the present Applicant. Recovery of the ornaments has been made at the instance of some other accused. This being the position and since the chargesheet has already been filed, in my view, the Applicant deserves to be released on bail. 5. The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the Vithalwadi Police Station twice in a month. 6. Application is disposed of. V.M. KANADE J.