- (1.) Crlmp NO. 104563 OF 2018 in CRIMINAL APPEAL NOS. 975-976 OF 2018 Appeals Admitted. To be heard alongwith Crl. A. No. 859 of 2018.
(2.) This bail application is filed by accused No.3 namely Umeshbhai Surabhai Bharwad. It is not in dispute that after a full fledged trial, the applicant was acquitted by the trial court on the finding that he has been named by only two police officials. His name was not mentioned in the FIR. The police officials named him after a gap of four days from the date of incident claiming to have seen the applicant in a group of around 15,000 persons gathered at the scene of offence. No identification parade was conducted in respect of this applicant. The High Court has reversed the acquittal only on the basis of evidence of two police witnesses. Prima facie, we find that the approach of the High court is debatable.
(3.) In addition, we find that the applicant was on bail during the trial and has already undergone sentence of around 9 months and has been convicted only for offence punishable maximum with ten years under Section 436 of the Indian Penal Code, 1860 (IPC). Further, there is nothing on record to indicate that the applicant had jumped the conditions of bail.;