IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.413 OF 2009 IN CRIMINAL APPEAL No.292 OF 2009 Abdubakar Ansar Ahmed Shaikh @ Abbu.Applicant. vs. The State of Maharashtra. ..Respondent. Khan Abdul Wahab for the Complainant. Ms M.H. Mhatre, A.P.P.for the State. CORAM: CORAM: CORAM: A.R. JOSHI,J. A.R. JOSHI,J. A.R. JOSHI,J. DATED : 24TH APRIL,2009. DATED : 24TH APRIL,2009. DATED : 24TH APRIL,2009. P.C.:- P.C.:- P.C.:- ----- 1. Leave to amend. Amendment in the name to be carried out within seven days from today. 2. Heard rival submissions for some time. It is the application for bail during the pendency of the appeal against conviction. 3. The said appeal is already admitted. The applicant-accused no.1 was convicted for the offence punishable under Sections 324 and 452 of the I.P.C. and was sentenced to suffer R.I.for three years and one year respectively. Reportedly, he had already undergone 17 months imprisonment after his arrest. It is submitted on behalf of the applicant that earlier he was released on furlough and had returned to the jail. It appears that earlier present applicant along with his three other associates was charged for the offence under Section 302 of the I.P.C. However, not finding the prosecution evidence sufficient to attract the said charge, in view of no external injury or fracture of the skull bone of the deceased and finding that the assault was by way of a bamboo of one feet length, the Trial Court brought the charge to 324 of the I.P.C. 4. Considering above factual position present application for bail is allowed with following order. a. Applicant no.1 be released on bail on his executing a P.R.bond in the sum of Rs. 10,000/- with one surety in the like amount. b. After availing the bail he shall attend Shahunagar Police Station, Mumbai on first day of every month between 10.00 a.m. to 12.00 noon till disposal of the appeal. 5. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J.) (A.R.JOSHI,J.) (A.R.JOSHI,J.)