IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1166 OF 2008 APPLICATION NO. 1166 OF 2008 APPLICATION NO. 1166 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 1085 OF 2008 APPEAL NO. 1085 OF 2008 APPEAL NO. 1085 OF 2008 Mohammed Hussain Salim Shaikh ] .. Applicant Versus The State of Maharashtra ] .. Respondent Mr. S.V. Kotwal for the applicant. Mrs. V.R. Bhosale, APP, for the respondent. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 22ND OCTOBER, 2008 P.C. : 1. Heard both sides. 2. This is a bail application by the applicant/ appellant who has been convicted for offence under section 302 IPC for causing death of the deceased Nasir Khan. We have perused the FIR and we find that a blow by the bat was given to the deceased by one Chinnu on his head as a result of which the deceased collapsed and later on succumbed to the injury. The said Chinnu was also an accused and he has been acquitted by the Sessions Judge. So far as the role of the present applicant is concerned, from the FIR we find that it : 2 : does not appear that he has inflicted any blow on the person of the deceased though there is a narration that the applicant has inflicted injury to other persons viz. the witnesses. However, for the said purpose there is no conviction. On perusal of the statements of the eye witnesses, it is revealed that there is an omission on the part of each of the eye witnesses to state that the applicant has inflicted any blow to the deceased. Even during the trial, he was on bail and has not misused the bail. 3. All the above facts and circumstances pursuade us to grant bail to the accused. Therefore, the impugned judgment is suspended under section 389 of the Code of Criminal Procedure, 1973. The applicant/ appellant is directed to be released on bail of Rs.10,000/- with like surety. Since the applicant and the deceased are residing adjoining to each other, it is further directed that the applicant shall stay away from that place till the disposal of the appeal and shall report his place of residence during bail to the Police Station. 4. Criminal Application is, accordingly, disposed of. : 3 : Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]