1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.223 OF 2011 Panna Farooq Qureshi ...Applicant. v. The State of Maharashtra ...Respondents. AND CRIMINAL BAIL APPLICATION NO.224 OF 2011 Kayum Farooq Qureshi ...Applicant. v. The State of Maharashtra ..Respondent. Mr.P.R.Yadav ,adv. For the Applicant. Mr.A.P.Mundargi i/by P.R.Yadav, advs. For the Applicant (in B.A.No. 224/2011). Smt.G.P.Mulekar, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 23, 2011. P.C. 1 Applicants seek to be released on bail in crime no.213 of 2010 registered at Navghar police station (Now Sessions Case No.114 of 2011) under Section 307 r/w 34 of the I.P.C. 2 Accused no.1 Kayum is younger brother of accused no.2 Panna. Both of them are carrying on business of chicken and mutton at 2 Mulund (East) by the side of 90 feet wide road. Injured Shabana is also carrying on said business in a shop adjoinning the shop of the accused persons. As per the F.I.R. lodged by Irfan Mohammed, servant of injured Shabana, and as per her own statement, on 24.11.2010 at about 8.30 a.m. a vehicle carrying chicken came in front of shop of Shabana and delivered certain goods to her. Thereafter, accused persons asked the driver of that van whether chicken was available. The owner of the van informed that there was no surplus chicken available. On this accused no.1 Kayum got annoyed and began to abuse the driver. Shabana asked him not to abuse but Kayum got annoyed and he began to abuse driver and Shabana and thus, quarrel started. Accused no.1 Kayum asked the accused no.2 Panna to bring sura or long knife and Panna handed over knife to Kayum. Thereafter, Kayum stabbed on the chest/abdomen of Shabana due to which she suffered bleeding injury. She was taken to the Municipal Hospital and then to Sion Hospital for operation. The medical reports reveal that she had suffered stab wound on the left side of the chest admeasurig 1 x ¼ inch x approximately 2 inches deep, rib cage palpable. Medical certificate does not shown that after operation any damage was found to internal organs. Initially, offence under Section 326 was registered but later on, it was converted into section 307 IPC. After 3 operation Shabana was discharged from the hospital. 3 Admittedly, there was no previous enmity. Incident occurred abruptly. The learned counsel for both the accused makes a statement that the accused persons will not enter within the range of 1 km from area where the incident had occurred and they will start their business elsewhere. 4 In view of the facts and circumstances of the case, accused nos.1 and 2 be released on their executing PR of Rs.20,000/- each, with one or two sureties in the like amount with the condition that they shall not tamper with the prosecution evidence and shall not enter within the range of 1 km from the place where the incident had occurred till the end of the trial. Accused no.1 Kayum shall also report at the police station on every 1st and 3rd Saturday between 4 and 7 p.m. The accused are provisionally allowed to furnish cash security in lieu of surety for a period of two weeks. Applications stand disposed off. (J.H. BHATIA,J.)