1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.2052 OF 2009 Riyaz Hasansahab Gour .. Applicant Vs State of Maharashtra .. Respondent Mr. Rohan Surve, Advocate for the Applicant. Mrs.S.D.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 15/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.I-535 of 2008 of Rabale Police Station, Navi Mumbai, Dist-Thane. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 307, 326,324,,504,506, 141, 142,143, 146, 147, 148, 149 of IPC. 3. The applicant and nine others allegedly assaulted one T 2 Gautam Shinge and other witnesses by means of sword, sticks and stump. Mr. Surve, learned counsel for the applicant, at the outset, submitted that the applicant is entitled for bail on parity with the other accused, who also allegedly assaulted Gautam Shinge and other witnesses. He submitted that the learned Judge rejected the application of the applicant mainly on the basis of the statement of complainant. The complainant has specifically stated that the present applicant attempted to assault Gautam Shinge on his head, which blow, in fact, landed on his forehead. Whereas Gautam in his statement has attributed the very same overt act to Rakesh. Rakesh has already been released on bail. Seven accused, out of nine, have already been released on bail. Keeping that in view and considering that Gautam Shinge himself has not attributed any overt act to the present applicant, I am inclined to enlarge him on bail. The applicant is directed to be enlarged on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station on every Saturday between 6 and 7 pm till conclusion of the trial. While passing this order, I shall not be understood to have expressed any opinion on merits of the case and the trial 3 Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)