1 BA-1317.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.1317 OF 2011 {For Bail} Shabbir Shiraj Sayyed .... Applicant Vs. The State of Maharashtra .... Respondent S/Shri Vijay Hiramath i/b Gajanan Shinde & Nilesh Ukey for the Applicant. Ms P.P. Bhosale, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 26, 2011 P.C: This is an application for bail by original accused No.4 Shabbir alias Tera Naam who was alleged to have hit the victim Salim with a chopper. Though the applicant resides in the same neighbourhood, in the first information report given by the victim's wife, the applicant's name is not mentioned. She refers to the applicant in her statement dated 2-10-2010 when the applicant was shown in the police custody. Apart from this, there is statement of one Shamim who states that she had seen the applicant along with others hitting the victim with a chopper. She had also 2 BA-1317.11 mentioned the name of Chiku. However, Chiku was alleged to have only held the victim, according to the first informant. This creates a doubt as to what Shamim had seen, which the learned trial Judge would have to resolve when he records the evidence. Nothing has been seized at the instance of the applicant. His clothes are also not seized and therefore there is nothing to show whether he was actually involved in the incident or not. Considering the nature of the evidence collected, the applicant's being at large pending the trial may not prejudice the trial. The application is allowed. The applicant be released on bail in C.R. No.188 of 2010 of Deonar Police Station, Mumbai on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating to Rs.50,000/-. The application accordingly stands disposed of. (R.C. CHAVAN, J.)