1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NOS. 182 & 183 OF 2010 Niyaz Mohd. Sheikh Gulzar Vs. State of Maharashtra & Shrikh Dadu Shrikh Gulzar Vs. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri R. M. Daga Adv for applicant. Shri Fulzele APP for State/respondents. CORAM: A. P. BHANGALE J. Dated: 17 th FEBRUARY, 2010. Heard. Learned counsel for the applicants submitted that accusations are severe inasmuch as unlawful assembly was formed and the deceased was assaulted by 20 to 25 persons. No active role has been attributed in the incident of alleged murder to any of these applicants. According to the eye witness Shamim Bano, she at the time of incident Dadu and Niyaz (applicants 2 herein) were barely standing without holding any weapon. Except this, no other role has been attributed to the present applicants. In the reply to the application the objection is raised on the ground that applicant Sheikh Dadu Sheikh Gulzar is an influential person. Considering the fact that applicant Sheikh Dadu is aged ab out 70 years and his brother Sheikh Niyaz is aged about 50 years coupled with the fact that they were barely standing without holding any weapon I am inclined to grant conditional bail in their favour. Hence the following order is passed: Applicants be released on bail on their executing P. R. bond in the sum of Rs. 30,000/- each with two or more sureties. Applicants shall attend trial on each date of hearing. They shall not commit any offence while on bail. They shall inform their fixed addresses with phone/cell numbers, if any, to the Investigating Officer and shall communicate change therein, if any, in future. Applicants shall not tamper with the evidence in any manner. Application stands disposed of. svk JUDGE 3 4 5 6