1 appa 1504 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1504 OF 2010 Devendra Bhima Naidu .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Jayesh Vithlani, for the Applicant. Mrs. M.M. Deshgmukh, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 21st July, 2011 P.C. 1. This is an application for bail of original accused No. 4, who has been convicted alongwith others, for the offences punishable under Sections 452, 342, 395 read with section 397 and 34 of the Indian Penal Code and sentenced to various terms of imprisonments ranging from 7 to 10 years, by the learned Additional Sessions. Greater Bombay. Learned counsel for the applicant submitted that the applicant had allegedly to be approached in complainant’s office with knife, and what was found with him when arrested were three live cartridges. Knife was subsequently discovered. Learned counsel, for the applicant also submitted that according to the evidence tendered, the shortest person amongst many of robbers was someone else. The applicant was not shortest person. He also submitted that the test identification parade 2 appa 1504 of 2010 held by P.W.13, Special Executive Officer Urmila Shinde, was not as per the guidelines issued by the High Court. The Special Executive Officer, claims that each of the suspect was paraded alongwith six dummies separately. The evidence of eye witnesses show that all the four accused persons were paraded alongwith 22 dummies at the same time. Therefore, according to him the test identification of the applicant is suspicious and should not have been relied on by the learned Judge. 2. All these contentions would have to be scrutinized with reference to the evidence when the appeal is finally heard. Learned APP points out that knife was recovered at the instance of applicant. Applicant was found in possession of live cartridges when he was arrested. Considering all this, as also considering that the applicant has been involved in other similar offences, prayer for suspension of sentence is rejected. Application is dismissed. If the paper book is ready, list the appeal for final hearing. (R. C. CHAVAN, J.)