MP 1 APEAL1258_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1258 OF 2011 WITH CRIMINAL APPLICATION NO. 1262 OF 2011 Nijamuddin Hamid Shaikh ... Appellant Versus The State of Maharashtra ... Respondent Mr. Mihir Desai, Advocate i/b. Mr. T. R. Patel, Advocate for the Appellant. Mr. Y. M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 11TH OCTOBER 2011 P. C. : Heard. Appeal admitted. 2. The applicant, who is the original accused No.2, seeks to be released on bail pending the appeal against conviction for the offence punishable under Sections 397 r/w. Section 34 and under Section 323 r/w. Section 34 of the Indian Penal Code for which he was awarded rigorous imprisonment for seven years and rigorous imprisonment for one year with fine. 3. The original accused No.1 is already granted bail pending the appeal. The applicant was on bail pending the trial and there is nothing to show that he has misused the bail. Looking to the facts and circumstances in which the incident had occurred, in my opinion, it is a fit case to grant bail. 4. Therefore, the applicant is granted bail on the same terms and conditions as before the trial Court pending the appeal subject to his furnishing fresh bail bonds. 5. Application stands disposed of. 6. Writ of this order be issued to the Central Prison, Kolhapur, where the applicant is presently lodged. (J. H. BHATIA, J)