1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4177 OF 2009 Ramesh Mansoor Chauhan .... Applicant. V/s The State of Maharashtra .... Respondent. Mr. Rajendra Shirodkar for the applicant. Mrs. S.D. Shinde, APP for the State. CORAM: V.M. KANADE, J. DATE : 24TH NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant was arrested on 09/06/2009 by Tardeo Police Station in connection with C.R. No.126 of 2009 for the offence punishable under sections 141, 142, 143, 144, 145, 146, 147, 148, 149, 307, 324 read with section 34 of the Indian Penal Code. 2 3. It is alleged that the applicant had accompanied the assailant Pravin who had assaulted Mohammad Faiyaz. The incident in question took place after there was dispute between the complainant and Pravin. The complainant had questioned Pravin as to why he was urinating in public place and, thereafter, Pravin came there after some time with a sword alongwith present applicant and others and tried to assault the complainant with a sword. At that time, Mohammad Faiyaz tried to intervene. However, Pravin assaulted him with the sword. The only allegation against the present applicant is that he was carrying soda-water bottle. 4. Taking into consideration the aforesaid prosecution case, in my view, prima facie case is made out by the applicant for grant of bail. The incident started on a trivial dispute and the applicant had accompanied Pravin who appears to be the main assailant. It is difficult to suggest that the applicant also shared the intention of the accused Pravin who assaulted Mohammad Faiyaz, who tried to intervene in the said quarrel. Applicant is in jail since 19/06/2009. Charge-sheet is already filed. Applicant, therefore, deserves to be released on bail, subject to certain conditions being imposed upon him. 3 5. Applicant be released on bail in C.R. No.126 of 2009 registered with Tardeo Police Station, in the sum of Rs 5000/- with one or two sureties in the like amount. He shall, however, not enter the jurisdiction of Tardeo Police Station during pendency of the trial. He shall give his new address to the Superintendent of Police before his release and report to the nearest Police Station from his new residence once in a month. 6. Application is disposed of. (V.M. KANADE, J.)