jpc ba1038-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1038 OF 2011 Kamarali Imam Husan ... Applicant Versus The State of Maharashtra ... Respondent Mr. Rajesh Singh for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 5th August, 2011. P.C. : 1. Heard Mr. Singh, the learned counsel for the applicant and Mr. Saste, the learned APP for the State. 2. I have gone through the first information report and the statements recorded during investigation. 3. The first informant- Atta Husain Mohammad Husain Shaikh- was assaulted by the co-accused Shyam Yadav. The allegation against the applicant is that he held the first informant at the time of assault and instigated the said Shyam Yadav, pursuant to which, Shyam Yadav allegedly gave a stab to the first informant on the abdomen. 4. The contention of the learned advocate for the applicant is that the applicant was not at all present at the scene of the offence and jpc ba1038-11.sxw 2 that he has been implicated at the instance of one Hanif Mamu, who has professional rivalry with the applicant. 5. Undoubtedly, the injury caused to the first informant appears to be of a serious nature. However, Shyam Yadav, who is said to be the actual assailant was apprehended on the spot itself, after the incident. There is no mention that the present applicant ran away after the incident. Admittedly he was not found at the spot. He has been arrested next day, when he went to the Police station. 6. The applicant is in custody since 17th May, 2011. Considering the role attributed to the applicant in the alleged offence and since there does not appear to be any necessity of his further detention from the point of view of investigation, I am inclined to release him on bail. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs. 30,000/- (Rupees thirty thousand ), with one surety in like amount, or cash of Rs.30,000/-, in lieu of surety, on the condition that he shall attend the Colaba Police Station, as and when required by the Investigating Officer. (A.M. THIPSAY, J.)