1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 723 OF 2010 IN CRIMINAL APPEAL NO. 422 OF 2010 1. Vijay Ramesh Kamble, 2. Sham Kisan Kamble, 3. Tukaram Kerba Kamble ...Applicants vs. State of Maharashtra ...Respondent Mrs.Pranali P. Kakade i/b. Mr.Subhash Hulyalkar for the Applicants. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : JUNE 29, 2010 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 The applicants have been convicted for the offence punishable under Section 395 of the IPC and sentenced to suffer RI for 5 years each and to pay 2 fine of Rs.500/- each and in default, to suffer SI for two months each. The applicants are in jail since last one and half year from the date of arrest. 3 Counsel for the applicants submitted that the applicants have already undergone almost one and half year out of the total 5 years sentence awarded by the trial court. Secondly, it is submitted that the only material on record against the applicants is in the form of recovery of gold in melted form. Thirdly, it is submitted that the panch witnesses have turned hostile and so far as identification of the applicants is concerned, the witness had admitted that the police have shown photographs of the applicants before holding the test identification. 4 Prosecution case is that the complainant had purchased jewellery from a shop in a Zaveri Bazar and was proceeding to go to Latur. Initially, 3 he went to Panvel and then he boarded in a scorpio vehicle and reached Swargate, from Swargate, he came to Hadapsar and he was waiting at the Bus stand and at that point of time, one Indica car came to him and the accused sitting in the car asked him where he intended to go. The complainant informed them that he had to go to Latur. Accused then asked him to get into the car and started going towards Solapur road and thereafter, after reaching some distance, they took away gold ornaments from him. This being the prosecution case, since the test identification parade has not been proved by the prosecution and since the panchas have turned hostile, the applicants have made out a case for grant of bail. Apart form that, the applicants have also undergone one and half year of the total 5 years sentence awarded by the trial court. 5 The applicants, therefore, be released on bail on execution of P.R. Bond in the sum of Rs. 5000/- each with one or two sureties each in the 4 like amount. They shall report to the concerned police station once in a month. 6 Application is disposed of. (V.M. KANADE, J.)