(1) CRI.APP. 3945.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3945 OF 2010 Syed Ayyub @ Lala S/o Syed Akhtar Hussaini, Age : 33 years, Occu.: Labour, R/o. Near Kali Masjid, Shaha Bazar, Tq. and Dist. Aurangabad .. Applicant VERSUS 1. The State of Maharashtra (Copy to be served through Public Prosecutor, High Court of Bombay, Bench at Aurangabad) 2. The Police Prosecutor, Police Station, Jinsi, Tq. and Dist. Aurangabad .. Respondents ... Mr. A.M. Karad, Advocate h/f. Mr. S.W. Mundhe, Advocate for the Applicant Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 14TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant and other co-accused persons allegedly assaulted injured Hussain Shah on 26.9.2009 at about 2.00 pm. The applicant was annoyed because (2) CRI.APP. 3945.2010 he suspected that injured Hussain Shah was the informant of Police. He suspected the injured to be a whistle blower and, therefore, dragged him out of auto-rickshaw, mounted the assault by means of iron pipes and rods. The FIR purports to show that the injured was left at the place and the applicant alongwith co-accused went away. 3. It prima facie appears after hearing learned Advocate for the applicant and learned APP and on going through the investigation papers, that injured Hussain Shah sustained four injuries including two contused lacerated wounds on the right and left legs and two contusions on the left shoulder and the head. It appears that he was subsequently admitted in a private hospital of Dr. Kapatia and was treated because fracture injuries were noticed. 4. Though prima facie, it appears that involvement of the applicant in the assault is borne out from the record, yet having regard to the nature of the injuries and the manner of assault, it is difficult to infer that his intention was to (3) CRI.APP. 3945.2010 eliminate the injured. Had that been the intention, the applicant might have dealt with heavy blows and might have used more dangerous weapons. The intention, prima facie, appears to be to teach a lesson to the injured because it was suspected that he was a Police informant. The applicant was previously externed from the District and as such was rather annoyed. 5. The learned Advocate for the applicant would submit that the applicant is ready to abide by any condition including the condition that he will not reside at Aurangabad during the period of trial of the Criminal case. The applicant prima facie does not appear to be guilty of offence punishable with death or imprisonment for life in view of the nature of injuries caused to the victim. 6. Considering the foregoing discussion the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond in the like sum, to the (4) CRI.APP. 3945.2010 satisfaction of the Court of Sessions and on further condition that he shall not enter limits of Aurangabad city except on the dates of the trial before the Court of the Magistrate/Sessions and by following other conditions as enumerated under the recent Circular issued by the Registrar General of the High Court which requires an accused to furnish the details pertaining to the addresses of his relatives etc. Sd/- [V.R. KINGAONKAR, J.] arp