appln-1958-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1958 of 2010 Pawan Uma Shankar Jha .. .. .. Applicant. vs. The State of Maharashtra .. .. Respondent. Mr R.A. Shaikh, for the Applicant. Mr Y. M. Nakhawa, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 20TH JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application preferred by the applicant in connection with C.R. No.I-676/2009 registered by Mira Road Police Station, District Thane. 2. The applicant is facing charge for the offence punishable under Section 302 of I.P.Code, read with other offences punishable under rioting. Initially, the charge was under Section 307 of I.P.Code for causing grievous injuries to the deceased. However, subsequently deceased succumbed to the injuries appln-1958-10 sustained by him and Section 302 was applied. 3. The incident happened on the night of 18.11.2009 in one Gandharva Beer Bar. The deceased and his associate friends consumed beer and there was some altercation between them, on one side and hotel management people, on the other side. It was on account of some payment to be made for the beer consumed. At this juncture, it can be mentioned that initially in the F.I.R. there was another cause given by the first informant, as to how quarrel initiated. He had mentioned that while he along with his friends were sitting in the Beer Bar, taking drink, there was a police raid and that time hotel management people and other staff assaulted them. In the police statement, subsequently recorded after four days, the first informant gave another story as to quarrel on account of payment. It is admitted position that in none of the statements of the witnesses the name of the present applicant is appearing as one of the assailants except two police constables who happened to be on the spot on motorcycle and while on patroling duty. Two police constables mentioned the name of the present applicant as assaulting the complainant and others with fist blows. Except this prima facie material, there is nothing incriminating against the present applicant. The applicant is in custody since 19th November, 2009. Though test identification parade was conducted, he was not identified by the first informant. The investigation is already over and charge sheet is also filed. Under these circumstances, present application can be allowed by imposing certain conditions of attendance to the concerned appln-1958-10 police station. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) The applicant arrested in C.R. No. I-676/2009 with Mira Road Police Station, shall be released on bail on executing a P.R. bond in the sum of Rs.15,000/- with one local surety in the like amount . © On availing the bail the applicant shall attend concerned police station once in a week on every Monday between 10-00 a.m. to 12.00 till conclusion of the trial. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of in above terms. (A.R.JOSHI,J) LRS-PA