1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2138 OF 2010 Karan Dilip Shinde )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Suresh M. Sabrad for the applicant. Mr.K. S. Patil for the original complainant. Smt. V. R. Bhosale APP for the State. ---- Coram : R.S.MOHITE,J Date : 7th May, 2010 PC 1 This is an application for grant of regular bail. The applicant is shown as an accused in C.R.No.I-76/2009 registered by the Karjat police station for alleged offences under Sections 302, 324, 326, 504, 147, 148 & 149 of IPC read with section 37(1)(3), 135 of Bombay Police Act. The name of the deceased is one Arun Shankar Shinde. The incident in question took place on 3.9.2009. There are as many as four eye witnesses including the complainant and they have all given similar version and details as regards the part of the incident which they have actually seen. The statements of witnesses indicate that deceased Arun Shinde came to the garage of one Ashok Suvarne and quarrel started between them. When the complainant Saddam Ansari tried to intervene, the accused Ashok started to beat him with his hands. At that time three motor cycles came to the spot. The accused Dilip Shinde, Karan Shinde, the present applicant, and three others were on these motor cycles. Saddam Ansari tried to run away from the spot when all the accused persons chased him 2 and started to beat him. Accused Karan Shinde hit Saddam Ansari on his head and leg causing grievous injuries. Accused Ashok Suvarne hit deceased Arun Shinde on other parts of his body with an iron part which was in his hand. As far as present applicant is concerned, the admitted position is that he has not assaulted the deceased but has assaulted the complainant. The injury certificate of the complainant mentions the injuries on head and legs and also mentions them as grievous but the certificate does not show that any fracture was caused. APP states that this is the only medical evidence available. Taking into account these facts and the fact that other accused in this case who had not assaulted the deceased have been granted bail by me by my order dated 29.4.2010 passed in Criminal Application No.2065/2010, I am inclined to grant bail subject to more stringent conditions. It is therefore directed that pending his trial in connection with C.R.No.I-76/2009 registered by the Karjat police station, the applicant may be released on bail in the sum of Rs.25,000/- with one surety in the like amount subject to the condition that he will stay outside the Raigad district. Before his release he will be required to furnish to the I.O in writing, the address where he intends to reside. He will report to the police station officer of the police station having jurisdiction over his place of residence once in a week on every Monday between 11.00 A.M & 5.00 P.M till the disposal of the trial. He will be entitled to enter Raigad district only on the date of the trial and for the purpose of trial and he will leave Raigad district after the case is adjourned. Bail is also granted on further condition that he will not tamper with prosecution witnesses and will remain present on all dates of the trial in the trial Court unless exempted. Application is disposed off. Parties to act on a copy of this order duly authenticated by the registry of this Court. 3 (R.S.MOHITE,J) 4