{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.546 OF 2010 Shaikh Skakil Shaikh Khalil Age-22 years, Occ-Employed R/o Jam Mohalla, Bhusawal, Tq-Bhusawal, Dist-Jalgoan APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.Joydeep Chatterjee, Advocate for the applicant Mrs.Yogita M.Kshirsagar, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 11th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.136/2009 registered with Bazar Peth Police Station, Bhusawal for an offence punishable u/s 302, 324, 323, 504 r/w 34 of the IPC. In the said offence, the applicant is arrested on 11.08.2009 and after completion of investigation chargesheet has been filed on 03.11.2009 and the case is committed and numbered as Sessions Case No.187/2009. {2} 2. Heard learned counsel for the applicant and learned APP. 3, It appears that the said offence was earlier registered against 4 unknown persons on the complaint of one Pankaj Patil. It is alleged that the complainant, along with his brother and father, were attacked by unknown persons at 2.30 a.m. on 11.08.2009. Later on the offence is registered against total 5 persons. Subsequently, the applicant came to be identified, during the identification parade, as the person who was wearing yellow colour shirt at the time of alleged assault. In the said incident, father of the complainant sustained stab injuries and he succumbed to the same. So also the complainant and his brother sustained serious injuries and hence they were required to be treated in the hospital. Papers of investigation do not disclose any overt act against the applicant. 4. It appears that one of the juvenile accused is already released on bail while other accused, who are identified as the persons, who have inflicted blows on the complainant, his brother and deceased father, are in jail. The witnesses reside at Bhusawal. In view of the fact that the applicant is in jail for more than 6 months and no overt act is attributed to him, he is entitled to be enlarged on bail, however, by imposing certain conditions. {3} 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on execution of PR bond in the like amount. The applicant is directed not to enter Bhusawal city till completion of Sessions Case No.187/2009. The applicant is further directed not to tamper the prosecution witnesses. The applicant is also directed to furnish his address of stay to the IO and to report twice in a month to the nearest police station during pendency of the Session Case. [A.V.POTDAR, J.] drp/A10/criapln546-10