BA-960-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.960 OF 2011 Fayyaz Abdul Hakim Shaikh ... Applicant V/s. The State of Maharashtra, Thru’ D.N. Nagar Police Station, Mumbai ... Respondent Mr. Rakesh Dave for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 8 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and glanced through the Charge-Sheet. The Applicant and seven others are the accused in C.R. No.424 of 2010 registered at D.N. Nagar Police Station, Mumbai, which is in respect of offences punishable under Sections 302 IPC, 326 IPC, 324 IPC, 147 IPC and 148 IPC read with Section 149 of the IPC. In the F.I.R., role that has been attributed to the Applicant is of assaulting the First Informant-Aakib by fits and kicks. In the supplementary statement of the First Informant, recorded on 16th December, 2010, the role that has been attributed to him is of assaulting by bamboos, but it is not mentioned as to whom he assaulted. On a reading of the supplementary statement, the role attributed to him appears to be of assaulting the First Informant by fits and kicks and also by bamboos. BA-960-11.sxw 2 Dixit 3. What further needs to be observed is that the Applicant’s group had not come to the group of the deceased, but the group of the deceased had come to the group of the Applicant seeking explanation from them as to why one Sultan had been previously assaulted. 4. There are no antecedents. The Applicant is in custody for more than six months. 5. A co-accused – Shakel Khan – has been released on bail by me (Bail Application No.800 of 2011, decided on 10th June, 2011). The case of the Applicant is not worse than that of the co-accused, who has been released on bail. 6. Under the circumstances, I am inclined to release the Applicant on bail, subject to certain conditions. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, or two sureties in the sum of Rs.20,000/- each, on the condition to report to the D.N. Nagar Police Station, Mumbai, on every Wednesday and Sunday, till the disposal of the case against him. 9. The Applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. [A.M. THIPSAY, J.]