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 CRI.APPLICATION NO.1625 OF 200 CRI.APPLICATION NO.1625 OF 200 CRI.APPLICATION NO.1625 OF 2009 Rajesh Manjayya Shetty, .. Applicant Vs The State of Maharashtra, ... Respondent. Mr.A.P.Mundargi, Sr.Advocate i/b Hrishikesh A Mundargi, for the applicant. Mr K.V.Saste, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 08/04/200 DATE : 08/04/200 DATE : 08/04/2009 PC: PC: PC: 1. Heard Mr Mundargi, learned senior counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.I-31/2009 of Bhoiwada police station, Dist-Thane. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 143, 147,148,149, 323,341, 307,363,364 and 336 of IPC r/w sections 3, 5 and 25 of the Arms Act and section 37(1) and 135 of the Mumbai Police Act. 3. It appears that there was a fight between two groups and both the groups after the alleged incident lodged complaints against each other. C.R.No.32 of 2009 has been registered against the complainant and others at the instance of one Mahesh, who isaccused in C.R.No.31 of 2001 along with the applicant. The rival group was led by one Feyas Ansari and Jain. Feyas Anasari is accused no.1 in C.R.No.32 of 2009. At the relevant time, the applicant was armed with a licenced revolver and he allegedly fired shots towards the complainant and members of his group. Similarly one Aditya Jadhav from the complainant’s group was also holding a revolver and he also fired shots towards the applicant and members of his group. Mr Mundargi submitted that even if it is assumed that the applicant opened fire, as alleged, he cannot be stated to have done it with an intention to kill anyone. He might have fired shots in air in self-defence. There is no dispute that nobody sustained bullet injury in the alleged incident. Except the applicant, all the accused in both the cases have already been released on bail. Keeping that in view and considering overall facts and circumstances of the case, I am inclined to enlarge the applicant on bail. . I direct that the applicant be enlarged 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 every Sunday between 10 am and 12 noon till filing of the chargesheet. . 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 uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)