VIVEK DWARKANATH SHINGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is second application for bail by a person involved in an offence punishable under Section 397 of the Indian Penal Code. His previous application was rejected as he had been identified in the test identification parade and a bracelet which has been described in the F.I.R. had been recovered from the applicant. Learned counsel for the applicant points out that subsequently co-accused Vinayak has been admitted to bail by an order in Criminal Application No.1398 of 2011, passed on 21st November. Said Vinayak was also identified in the test identification parade and a gold chain which was also described in the F.I.R. had been recovered from him. Therefore, learned counsel for the applicant submits that no distinction can be made in the case of present applicant and that of co-accused Vinayak who has been admitted to bail. Learned APP on instructions from Investigation Officer, present before the Court, cannot point out any feature which would distinguish the case of the present applicant from that of Vinayak. In view of this application is allowed. The applicant arrested in connection with C. R. No.I-85 of 2011, registered at Kasarwadvali Police Station,District Thane, be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more solvent sureties in the sum aggregating to Rs.25,000/-, on the condition that the applicant shall not tamper with the prosecution witnesses and shall report at Kasarvadali Police Station on first Monday of every month, till the trial is over.

(2.) ' Application stands disposed of.