1 CR.APL NO. 846/2011, 847/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 17. APPLN/846/2011 CHANDPASHA AMEER BAIG [Criminal] V/S THE STATE OF MAH WITH APPLN/847/2011 MIRZA MUSA BAIG CHAND BAIG AND ORS V/S THE STATE OF MAH -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. N.K.Kakade, Adv., for the applicant. Mr. V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:8-3-2011 1. The accused/applicant Chand Pasha, aged 70 years, allegedly, is not keeping well, supported by medical evidence, seeks bail in Crime No.17/2011, registered at Umri Police Station, dist. Nanded. 2. The incident, allegedly, has taken place on 5th Feb.,2011, in the morning as reported by brother of the victim Mohan. Entire family members of the accused/applicants are allegedly 2 CR.APL NO. 846/2011, 847/2011 involved in the act of abusing on caste, causing grievous injury to Sainath and injury to the complainant Mohan. 3. Mr. N.K.Kakade submits that no specific role is attributed to applicants in both the applications, barring Shakil Lal Basha who had, allegedly lift a boulder, weighing 25 kgs and tried to smash Sainath. 4. Now, at this stage, Mr.Kakade, on instructions, withdraws the application of Mirza Musa Baig s/o Chand Baig (applicant No.1), Masood Baig s/o Mukhtar Baig ( applicant no.3), Khalandar Baig s/o Mukhtar Baig (applicant no.4), Shakil Baig s/o Lalbasha Baig (applicant No.5) in Application No.847/2011. Permitted. 5. So far as applicant no.2 Mukhtar Baig s/o Amir Baig is concerned, he is 65 years old, carrying agricultural vocation and infirm too. Both applicants are in custody from 6th Feb.,2011. 3 CR.APL NO. 846/2011, 847/2011 The case for release of these two applicants is considered solely on the ground of their ill health, without application of scale of their involvement in dealing with Sainath or his brother Mohan as in the FIR there is passing reference of these two applicants. The release of these two applicants shall not be used as a principle of parity for seeking bail to other accused, their case will have to be decided on its own merits. ORDER (a) The accused / applicant Chandpasha s/o Ameer Baig (applicant in Application No. 846/2011) and Mukhtar Baig s/o Amir Baig (applicant No.2 in Application No.847/2011 be released on their furnishing P.R. bond and surety in the sum of Rs.15,000/-, each. The accused/applicants, after release, shall attend the investigator on every Thursday and Sunday between 3 p.m. to 6 p.m. till filing of chargesheet. They shall not influence the witnesses, 4 CR.APL NO. 846/2011, 847/2011 particularly, Mohan and his brother Sainath. Application of other accused/applicants disposed of being withdrawn. (K.U.CHANDIWAL) JUDGE ... AGP/846-11crapl