Deepak Badru Mane vs. The State Of Maharashtra

Order - Status 8: (cr.appln765/10 in cr.appeal399/09) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.765 OF 2010 IN CRIMINAL APPEAL NO.399 OF 2009 Deepak Badru Mane ..... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. Rajbali Dube for the applicant. Mrs. R.V. Newton, APP for the State. CORAM: V. M. KANADE, J. DATE : 5th August, 2010 P.C.:- Heard the learned Counsel for the applicant and the learned APP for the State. Applicant has been convicted for the offence punishable under sections 395 and 450 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and seven years respectively and to pay fine of Rs 200 and, in default, to suffer rigorous imprisonment for one month. He is also convicted for the offence punishable under sections 392, 395 read with section 397 of the Indian Penal Code and sentenced to suffer seven years rigorous imprisonment. All these sentences are directed to run concurrently. The learned Counsel for the applicant submits that the applicant is in jail since last about four years and, therefore he deserves to be released on bail. It is also submitted that there is discrepancy in the manner in which the test identification parade was conducted by the Executive Magistrate. It is further submitted that proper description of the applicant was not given in the FIR. In my view, the said submissions cannot be accepted. There is sufficient material on record to show the involvement of the present applicant in commission of the said offence. He has been identified in the test identification parade. Apart from that, there are about 14 cases filed against him of similar nature. Taking into consideration the role attributed to the present applicant and the nature of offence committed by him, this is not a fit case for grant of bail. Application for bail is therefore dismissed. Hearing of the appeal, however, is expedited. Liberty to the applicant to file private paper book and apply for fixed date of hearing. Application is disposed of. (cr.appln765/10 in cr.appeal399/09) (V.M. KANADE, J.)