:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.626 OF 2008 IN CRIMINAL APPEAL NO.1337 OF 2007 Buttu Gulam Rasul Khan and anr. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Shri.S.G.Rajput for the Applicants. Mr.A.S.Shitole, APP for the State. CORAM: R.S. MOHITE, J. DATE : 26th August, 2008 P.C. P.C. P.C. 1. This is an application made by the original accused Nos. 1 and 2 for grant of bail. On perusal of the record, it appears that there is some discrepancy as regards the role which was played by the applicant No.1- Buttu Gulam Rasul Khan. The injured in this case has talked about applicant No.1 beating him by fist and kicks. The other eye witness has contended that the chopper was used by the applicant No.2 Nafis but has claimed that it was also taken by the applicant No.1 Buttu. In view of this discrepancy, I am inclined to grant bail to the applicant No.1 only. As regards the Applicant No.2-Nafis is concerned, both witnesses are consistent about his role and state that the chopper has been used on the vital part of the body i.e. head. I am also informed by the APP that there are three cases under Section 379 of the I.P.C. are pending against the applicant No.2 Nafis. In the :2: circumstances, application is partly allowed. . It is therefore, directed that pending hearing and final disposal of the appeal, the applicant No.1 Buttu Gulam Rasul Khan may be released on bail in the sum of Rs.10,000/- with one or two sureties of the like amount subject to condition that he will report the Shivaji Nagar Police Station once in fortnight on every first and third Monday till the disposal of the appeal on merits. The application made by the applicant No.2 Nafis Gulam Rasul Khan is rejected. (R.S. MOHITE, J.)