MP 1 BA1887_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1887 OF 2011 Mohammad Salim Budhan Shaikh ... Applicant Versus The State of Maharashtra ... Respondent Mr. M. J. Bhatt, Advocate for the Applicant. Mr. Y. M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 22ND DECEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.128 of 2011 registered with Wagle Estate Police Station for the offences punishable under Sections 307 and 504 of the Indian Penal Code as well as under Section 3 and 25 of the Arms Act. 2. On 25.07.2011, injured Akbar was taken to hospital with a bullet injury and there his statement was recorded which was treated as F.I.R. As per the F.I.R. on 24.07.2011, he and his employer Salim Shaikh, who is the applicant before the Court, and two others had consumed liquor and taken meals. At about 11.30 p.m. Akbar left that shop and was proceeding towards his house. At that time, one person came running from the opposite side and Akbar was dashed by him. Due to this, he got angry and abused that unknown person in filthy language. This resulted into some scuffle between the two. That unknown person whipped out a revolver and fired at Akbar. Bullet touched his hand and then entered into the abdomen. In injured condition, he went back to the shop and told his employer Salim Shaikh about the same. However, Salim Shaikh did not believe that story. On the next day, at about 11.00 a.m., Akbar MP 2 BA1887_11 was taken to the hospital where his report was lodged. In the supplementary statement also he stated that some unknown person had fired on him. According to prosecution, in the second supplementary statement recorded on 27.07.2011, Akbar told that their party had continued till midnight and thereafter, the applicant went into his shop and came back with two country- made pistols and fired in the air. Earlier the injured Akbar was not knowing that the applicant had such weapon. When the applicant realized this fact, he said that Akbar should be finished. Saying so, he handed over a pistol to his companion Siddhu, who is accused No.2 and said Siddhu fired on him. According to prosecution, one country-made pistol with six live rounds and two country made revolvers with seven live rounds and one dagger were recovered from the accused persons. 3. It is interesting to note that all the three accused persons were arrested on 26.07.2011, while till that time, the injured Akbar had not informed the police that he was assaulted by any of the accused persons. As per his original F.I.R. and the supplementary statement, he was assaulted by some unknown person. If he had disclosed the name of the accused persons on 27.07.2011, it is not clear how the accused persons were arrested on 26.07.2011 itself. Investigation is completed. Charge-sheet is already filed. Learned APP could not explain how these accused persons could be arrested one day before their names were disclosed by the injured Akbar. Ballistic Expert report is not yet available to show that the injured was fired at from any of the weapons recovered from the accused. 4. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)