1 rng IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.164 OF 2009 APPLICATION NO.164 OF 2009 APPLICATION NO.164 OF 2009 Shaukat Mustafa Shaikh .. Applicant Vs. State of Maharashtra .. Respondents Mr.Ujwal Agandsurve for Applicant Mr.S.R.Shinde APP for Respondents CORAM CORAM CORAM : : : V.M.KANADE, J V.M.KANADE, J V.M.KANADE, J DATED DATED DATED : 15th January, 2009 : 15th January, 2009 : 15th January, 2009 P.C. P.C. P.C. 1. Heard learned counsel for the applicant and the learned APP appearing for the State. 2. The applicant has been arrested in connection with an offence punishable under section 302 r/w 34 of IPC vide C.R.No.43 of 2008 registered with Kurduwadi police station. The prosecution case is that the applicant is the fiancee of co-accused Sonali and the deceased Iqbal were travelling on a motorcycle. The prosecution case is that the deceased misbehaved with Sonali who was sitting between the applicant and Iqbal and therefore, the deceased was asked to get down from the motorcycle and he was assaulted by them and was left on the road. After sometime, when Iqbal went home, he 2 told his wife that the applicant and Sonali had assaulted him. The charge sheet has been filed. There is no eye witness to the said incident. There is no recovery at the instance of the applicant. The only evidence against the present applicant is in the form of a statement by wife of the deceased who states that the deceased before his death informed her that the applicant had assaulted him. The medical certificate also shows that there was an abrasion over the left side of chest and a contused lacerated wound over occipital region and abrasion over the left shoulder and linear fracture over occipital region. The cause of death has not been given in the post mortem report and the opinion is reserved since the viscera has been sent for chemical analysis. 3. Taking into consideration the aforesaid material which is on record the applicant deserves to be released on bail. The applicant therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall report to Kurduwadi police station, Solapur once in a month. The trial Court shall not be influenced by any observations made by this Court while granting bail to the applicant. 3 Application is disposed of accordingly. { V.M.Kanade, J } V.M.Kanade, J } V.M.Kanade, J }