SAMEER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed taking exception to the impugned order dated 15.03.2017 passed by learned Additional Session Judge - 1, Thane in Criminal Misc. (Bail) Application no. Exh - 16 of 2017 in S.C. No. 391 of 2016.

(2.) Learned counsel appearing for the appellant submits that, there is no specific role attributed to the appellant. He further submits that, name of the appellant is not disclosed in the first information report and the appellant has no role in the commission of the alleged offences. Learned counsel appearing for the appellant submits that, another co-accused filed Criminal Appeal No. 807of 2017 (Imad Bashir Thakur Vs. The State of Maharashtra) before this Court, and his appeal has been allowed thereby releasing him on bail. It is further submitted that, investigation is over and charge-sheet is already filed and the appellant is in jail since 19 th July 2016. It is submitted that, the appellant has no any criminal antecedents. Therefore, learned counsel appearing for the appellant submits that Appeal may be allowed.

(3.) On the other hand, learned APP appearing for the Respondent - State invites attention of this Court to the allegations in the FIR so also the charge-sheet and its accompaniments and submits that, the present appellant was identified in the identification parade by the witness. He further submits that, appellant is rickshaw driver and other co-accused traveled in the said auto rickshaw and thereby the present appellant has facilitated the co-accused for the commission of the alleged offence. Therefore, learned APP appearing for the Respondent - State prays that appeal may be dismissed.