jpc ba810-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 810 OF 2011 Mohd. Sabir @ Sabir Sardar Wali ... Applicant Versus The State of Maharashtra ... Respondent Ms. Anjali Patil, for the applicant Mrs. S. D. Shinde, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 12th August, 2011. P.C. : 1. Heard Ms. Anjali Patil, the learned advocate for the applicant and Mrs. Shinde, the learned APP for the State. 2. I have gone through the First Information Report and glanced through the annexures to the bail application. 3. Clearly, their exists a prima facie case against the applicant. Mrs. Shinde, the learned APP pointed out that the injury that was caused, was on vital part and was of considerably serious nature. There is no doubt about this aspect. However, it is clear that fortunately, the victim survived. A reading of the first information report indicates that the fact that the victim had taken a loan of about Rs.1 lakh from the applicant, and that, on his refusal to repay that amount, the incident jpc ba810-11.sxw 2 took place. Ms. Anjali Patil, the leaned advocate for the applicant states that the actually the applicant was provoked by the victim himself. There is some basis for this submission. 4. In any case, in the course of arguments, it submitted that the applicant, if released on bail, shall not demand the amount of Rs. 1 lakh back from the victim. This would, in my opinion, indirectly serve as compensation obtained by the victim in respect of the injuries sustained by him. Thus, once the victim is compensated to a certain extent for the injury caused to him, the prayer for bail can be considered favourably, particularly because the applicant has already remained in custody since July, 2010. 5. In the circumstances, I am inclined to release the applicant on bail. 6. The co-accused Mohammed Rajak Nasrulla Momin is also in custody. I am informed that he has not applied for bail. The role attributed to Mohammad Rajak Nasrulla Momin is much lesser than that attributed to the present applicant. Since I am releasing the applicant on bail, it would be just and proper to release the said Mohammed Rajak Nasrulla Momin also, on bail. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of jpc ba810-11.sxw 3 Rs.40,000/- (Rupees forty thousand ) with one surety in like amount, or two sureties in the sum of Rs.20,000/- each, on the following conditions: i. The applicant shall not contact, meet or approach the first informant or any other witnesses, in any manner, whatsoever. ii. The applicant shall not demand the amount of Rs.1 lakh back from the victim and shall treat the same as compensation receivable by the victim for the injury allegedly caused to him. 9. In view of this, the accused Mohammed Rajak Nasrulla Momin, who has not filed the application for bail, is also directed to be released on bail in the sum of 25,000/- (Rupees twenty five thousand ) with one surety in like amount. (A.M. THIPSAY, J.)