1 BA-824-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 824 OF 2011 Taukir Ahmed Shabbir Ahmad Khan ... Applicant (Org. accused No.1) Vs. State of Maharashtra ... Respondent Mr.Nitin Pradhan, Senior Counsel, i/b. Ms. Swapna Kode, Advocate, for the applicant. Mrs. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 14th November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.71/2010 registered with Ulhasnagar Police Station for the offences punishable under Sections 147, 148, 302, 323, 324, 325, 504, 506 and 427 of IPC and Sections 37(1), 135 of Bombay Police Act and Sections 3, 25(1-A) of the Arms Act. 2. Prosecution case, in brief, is that on 26.2.2010, at about 9.45 p.m., in front of RPI office at Ulhasnagar, one person was dashed by a motorcycle and due to this a quarrel took place. The first informant was told by his neighbour about that incident. He and his neighbour Bhayya’s son rushed to the spot and 2 BA-824-11.sxw tried to pacify the people. At that time, about 30 - 35 persons from Muslim community including the present applicant and four other known persons Guddu, Zaheer, Jumman and Taukir assembled there with sticks, swords, iron rods etc. and began to assault the men and women who belonged to RPI group. In that incident, Bhima Tulshiram Wqagh suffered injures on the head. One Bhaurao Suryawanshi suffered injuries on different parts of body and died. Similarly, Popat More, Sindhubai and one Kamlakar were also injured. After investigation, case was registered and charge sheet was also filed against 14 accused persons, including the present applicant. 3. The learned counsel for the applicant points out that out of 14 accused persons, 12 have been granted bail. The present applicant and one Guddu are still in jail. Guddu had filed application No.196/2011 for bail. That application was allowed to be withdrawn by order dated 9.3.2011 with a direction that trial be expedited and disposed of within six months and liberty was granted to him to move fresh application if the trial does not commence within six months. The learned Counsel for the applicant contends that the trial has not yet commenced and this fact is admitted on behalf of prosecution. 4. On perusal of the FIR and the statements of witnesses, it appears 3 BA-824-11.sxw that a mob of 30 - 35 persons had assembled and they were said to be armed with swords, sticks, iron rods and had allegedly assaulted Bhaurao and others. The present applicant was allegedly armed with a sword and had assaulted with sword. The post-mortem report of Bhaurao reveals that the death was caused due to fracture of the skull with sub-dural haemorrhage. There were in all 11 injuries, out of which one was contused lacerated wound and all others were contusions. 12 other accused persons have been granted bail and they include some of the accused whose names are mentioned in the FIR. Taking into consideration all the facts and circumstances, it is difficult to distinguish the case of the present applicant with the case against other accused persons who are granted bail. 5. Therefore the applicant be released on his executing P.R. of Rs. 25,000/- with one solvent surety in the like amount on condition that he shall not tamper with the prosecution evidence and shall also report at the Police Station of Ulhasnagar Police Station on every Sunday between 4 to 6 p.m. till end of the trial. (J.H.BHATIA,J.)