1 BA 1274/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1274 OF 2011 Kadar Salam Shah ... Applicant versus The State of Maharashtra ... Respondent ... Mr.M.M. Khan for the applicant. Smt.V.R. Bhosale, APP for the respondent State. CORAM : A.M.THIPSAY, J DATED : 26th August 2011 P.C. 1. Heard Mr.Khan, learned advocate for the applicant and Smt.V.R.Bhosale, learned APP for the State. 2. Pursuant to the order dated 12th August 2011 passed by this court, the Investigating Officer is present. He is unable to explain as to why the medical certificate in respect of the injuries sustained by one Iliyas was not made available to the Addl. Public Prosecutor when the bail application made by the co-accused Shakeel Khan was heard on 10th June 2011. 2 BA 1274/11 3. The applicant is also claiming bail on medical grounds by the order dated 12th August 2011. Therefore, a report from the Chief Medical Officer of the Mumbai Central Prison in respect of the health condition of the applicant was called for. It appears that this direction for calling of a report has not been complied with. 4. Mr.Khan urges that instead of waiting for the medical report, the application be considered on merits particularly because bail is being sought primarily on the ground of parity. It is a fact that three of the co-accused have been released on bail by me. The role attributed to one of the co-accused - Shakeel Khan - who was released on bail is not very different from the role that has been attributed to the present applicant. Though when the application made by the said Shakeel Khan was heard, no certificate in respect of the injury sustained by one of the victim – Iliyas - was produced, it is not that bail came to be granted to the said Shakeel Khan only on that ground. It was observed that the applicant and his party had not gone towards the victim and his party, and that, actually, the victim and his party had gone to question the applicant’s party as to the reason why one Sultan belonging to their group had been assaulted. 5. The role attributed to the present applicant is not of assaulting the deceased. He is alleged to have assaulted one Faizan Khan. 3 BA 1274/11 6. The applicant is in custody since December 2010. There are no antecedents. The trial has not yet commenced. I find that the applicant has not severed family ties as his mother is present in the court. 7. Considering all the relevant aspects of the matter and more particularly the fact that the role of the applicant cannot be said to be very different from that of those who have been released on bail, I am inclined to give him one opportunity of availing of liberty. 8. Application is allowed. 9. Applicant is ordered to be released on bail in the sum of Rs. 40,000/- with one surety in like amount, or two sureties in the sum of Rs.20,000/- each, on condition to report to D.N. Nagar police station, Andheri on every Wednesday and Sunday, till the disposal of the case against him. The applicant may deposit cash of Rs. 40,000/-, in lieu of surety. 10. All concerned to act on a copy of this order duly authenticated by the Court Sheristedar. (A.M.THIPSAY, J)