ANWAR ISMAIL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Karanjkar for the petitioner and Mr.Galeria, APP for the Respondent/State.

(2.) THIS application for bail is filed by the accused, who arrested on 1st June, 1994, in connection with the offence of robbery, which took place on 30th March 1994. In the complaint the name of this petitioner/accused was not mentioned. However, he was identified in the parade which was held also to late i.e. on 7th July 1994, though the petitioner was arrested on 1st June, 1994.

(3.) MR .Karanjkar is right that the wording of Section 397 does not justify the applicability of Section 34 of I.P.C. as interpreted by the Division Bench of this Court in the case of State of Maharashtra Vs. Mahipal Singh Satyanarayan Singh reported in 1996 Cr.L.J. 2485, based on the decision of the Supreme Court in the case of Phool Kumar Vs. Delhi Administration, reported in AIR 1975 SC 905.