ANAND PRAFULLA BEHRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicant was tried in Sessions Case No. 187 of 2006 alongwith three others for the offence punishable under section 302 read with section 34 of the Indian Penal Code, and sections 397 and 394 of the Indian Pe-nal Code. By judgment and order dated 1.1.2009 learned Sessions Judge convicted the applicant for the offence punishable un-der section 302 read with section 34 of the IPC and sentenced him to suffer Life Impris-onment. Applicant was also convicted under section 397 and 394 for the IPC and was sen-tenced to suffer 7 years R.I. for each of the of-fences. Substantive sentences are to run con-currently. Appeal preferred by the applicant is admitted, and this is his application for bail.

(2.) We have heard learned Counsel for the applicant at some length. We have also heard learned APP for the State. Prosecution case rests on eye-witness PW-1 Shri. Vijay Tambde who was with the deceased at the time of incident. However, PW-1 Vijay Tambde has categorically stated that he was unable to identify the accused. No identification parade is held in this case. There is no Chemical Analyser's report indicating the blood group of the applicant. Only cash of Rs. 100 was found with the applicant. The currency notes had no special markings. In our prima facie opinion, there is no cogent and credible evidence on record which can connect the applicant to the crime in question. On a query made by the Court Mrs. Kejriwal, learned APP stated that the applicant has no anticidents. Applicant should therefore, in our opinion, be released on bail. Hence, the following order:-"Applicant-Anand Prafulla Behra is ordered to be released on bail in the sum of Rs. 10,000/-with one or two local sureties to make up the amount. While on bail he shall attend to Vashi Police Station once in a week i.e. on every Monday between 6 p.m. to 8 p.m." 3. Application stands disposed of.