1 1 1 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.4036 OF 2008 Sherali Kamafjan Badshah .. Applicant. Vs. The State of Maharashtra .. Respondent. Ms.Anjali Iyer for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. DATED : 18TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.281 of 2008 of R.A.K.Marg police station, Mumbai. The said crime has been registered against the applicant and three others for having allegedly committed an offence punishable under section 326 r/w 34 of the IPC. It is the case of the prosecution that the present applicant alongwith three others have allegedly assaulted Amir Kadir on 20.9.2008 by means of a piece of tile, punch and iron rod. Insofar as the applicant is concerned, he allegedly assaulted the complainant with punch. The accused - Sukha, who assaulted the complainant with the piece of tile, has already been granted anticipatory bail by the Sessions Court. After having perused an FIR I do not find any 2 2 2 difference between the role assigned to the present applicant and the co-accused - Sukha. The complainant was in hospital for hardly one day. In the circumstances Ms.Iyer, learned counsel for the applicant prayed for anticipatory bail on parity with co-accused - Sukha. Mr.Saste, learned A.P.P. has not disputed the submissions advanced by the counsel for the applicant. In the circumstances this application is allowed on the principle of parity. Hence the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.35,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm for a period of three months and thereafter on every Saturday between 7 and 8 pm till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)