1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1345 OF 2010 Mr.Suresh Vasu Shetty )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Hrishikesh Mundargi for the applicant. Smt. V. R. Bhonsale APP for the State. ---- Coram : R.S.MOHITE,J Date : 9th April, 2010 PC 1 This is an application for grant of bail. The present applicant is shown as an accused no.1 in C.R.No.I-676 of 2009 registered by the Mira Road Police Station for alleged offences under Sections 302, 143, 147, 149, 323, 427 read with 34 of IPC. The crime is registered on the FIR given by one Mohammed Yusuf Kadir on 18.11.2009. On perusing the said statement, the complainant has mentioned that he and his friend, and deceased Imran had gone to a Bar in Bhayander where they had some beer. He states that there was a commotion in the bar because of police raid and when they were leaving the place in a hurry, they were caught-hold by 5 to 6 persons and beaten. One of those persons hit this witness with bamboo and also hit the deceased Imran. In so far as present applicant is concerned, there is no specific overtact alleged against him though he has been named as one of the person who assaulted because the party of the complainant were running away without paying the bill. 2 2 The same complainant has again given a statement dated 25.11.2009 to the police where he given completely different version. In his statement he states that he has paid some money to a singer to sing a particular song but the Singer did not sing the said song and sang another song which was requested for by some other customer. Upon this there was some commotion with some other customers. While he was leaving the hotel, the hotel staff including the present applicant accosted him. In so far as beating is concerned, there is no weapon or act attributed to the present applicant. I am informed that there is a cross case bearing C.R.No.677/2009. I have also seen the medical certificate which indicates two stab wounds suffered by the present applicant. There is no explanation for these 2 stab wounds. Taking into account the aforesaid facts, I am inclined to grant bail. It is therefore, directed that pending his trial in connection with C. R.No.I-676/2009 registered by Mira Road Police Station, the applicant will be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once a fortnight on 1st and 3rd Mondays of every month and subject to the further condition that he will not tamper with the witnesses and will remain present in the Court on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4