1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1371 OF 2011 Ismail Ahmed Mohd. Shaikh ..Applicant. v/s. The State ..Respondent. WITH BAIL APPLICATION NO.1372 OF 2011 Subhan Usman Shaikh ..Applicant v/s. The State ..Respondent. Mr. Abhaykumar Apte, adv. for the Applicants. Mr. Y.S.Shinde, APP for the respondent/State (in B.A.1371/2011). Smt. P.P.Shinde, APP for the respondent/State (in B.A.1372/2011). CORAM : J.H.BHATIA, J. DATE : 30th November, 2011 PC : 1 Applicants seeks to be released on bail in crime no.46 of 2009 registered with Kolsewadi Police Station under Sections 302, 143, 147, 148, 149, 201, 427, 504 and 506 IPC. 2 Prosecution case, as revealed by the F.I.R. lodged by Mukkadas Daulat Sayyed on 1.3.09, is that due to some mismanagement by the previous committee, about 5 or 6 years before this incident, a new committee was constituted by the Muslim Community for the management 2 of their mosque in Anantwadi area. Deceased Iqbal Siddiqui was an enthusiastic worker and he and his companions, who were in the new management committee, were doing good work and they had stopped misuse of the property of the mosque. However, this was not liked by some of the people and on 1.3.2009 at about 6.30 to 7 p.m. some quarrel had taken place between said Iqbal Siddiqui and the accused Subhan Usman Shaikh and due to which some people had gathered there. The first informant Mukkadas heard the shout of 'Ya Allah' and he found that Iqbal Siddiqui was lying on the ground with bleeding injury from his head. At that time, accused Subhan Usman Shaikh was standing there with axe. He again gave certain blows on the head and neck of Iqbal Siddiqui and later on, he ran away. With the help of certain people, First informant Mukkaddas took Iqbal to Rukmini Hospital but as his condition was serious, he was referred to another hospital. At about 9 or 9.15 p.m. when he was undergoing treatment he died. On the basis of this report , offence was registered under section 302 IPC against Subhan Usman Shaikh alone. 3 It appears that statements of some witnesses were recorded on 3.3.2009 and those witnesses stated before the police that five more persons namely, the applicants Ismail Shaikh, Abbas Shaikh, Firoz Shaikh, Salim Pavwala and Akbarbhai had also beaten the deceased Iqbal Siddiqui with the kicks and fist blows. When Iqbal was about to get up, 3 applicant Ismail Ahmed Mohd. Shaikh instigated Subhan Shaikh to beat him otherwise he would survive. Therefore, Subhan Shaikh gave some more blows with axe on his head and neck. All these accused warned people not to lift Iqbal and he should be left to die. On the basis of this , five more persons were added as accused persons. 4 The learned counsel for the applicants contends that the addition of applicant Ismail Ahmed Mohd. Shaikh appears to be the result of some after thought story and he has been falsely implicated. The learned APP also concedes that out of those five persons atleast two persons, i.e., Salim and Akbar were discharged under Section 169 of the Cr.P.C. It indicates that statements made by the witnesses on 3.3.09 implicating some more persons can not be taken on their face value. 5 In view of the facts and circumstances disclosed in the F.I.R. and the Post Mortem Report, prima-facie, it appears that the applicant Subhan Usman Shaikh had committed murder of Iqbal by giving number of blows with axe on the vital parts of the body, therefore, it will be dangerous to grant bail to him. He may either abscond or tamper with the prosecution evidence. However, name of Ismail Ahmed Mohd. Shaikh is neither shown in the F.I.R. nor his presence is shown on the spot of the incident, therefore, he deserves to be granted bail. 4 6 Criminal Bail Application No.1371 of 2011 is allowed and the Accused Ismail Ahmed Mohd. Shaikh be released on his executing PR of Rs.15,000/- with surety in the like amount with the condition that he shall not tamper with the prosecution evidence. 7 Criminal Bail Application No.1372 of 2011 filed by Subhan Usman Shaikh stands rejected. (J.H.BHATIA, J.)