IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3203 OF 2009 Mansoor Rudha Chauhan ........ Applicant versus The State of Maharashtra ........Respondent. Mr. Priti N. Correa adv. for the Applicant Mr. D.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 29th July, 2009. P. C.: 1. The applicant is aged about 72 years and is a permanent resident of Tardeo, Mumbai. The applicant came to be arrested in C.R. No. 126/09 for offence under sections 141, 142, 143, 144. 145, 146, 147, 148, 149, 307, 324 read with 34 of IPC and under sec. 4 and 27 of the Indian Arms Act and u/sec. 37(a) and 135 of B.P. Act. On account of death of deceased, the offence came to be converted into 302 IPC. Perusal of the FIR reveals that while the complainant was fetching water, an unknown person came there and started urinating. Hence the same was objected to by the complainant. The said person immediately left the scene and within few minutes arrived at the scene of offence along with one Pravin Chamda and other accused. Pravin Chamda was carrying a sword and other accused were carrying iron bars, They assaulted Shamim Akbar and Mehboob and on account of the injuries sustained by Mohamed Fahiyaz, he died. In the FIR though specific role has been attributed to the accused persons, who had assaulted Shamim Akbar and Mehboob and those who caused murder of Fahiyaz, the name of the applicant does not figure in the FIR. In the statements of Shamim and Mehboob, recorded for the first time also does not attribute any specific role to the present applicant. No doubt it is mentioned that he was also present along with other accused and was carrying an iron rod. 2. The applicant was arrested on 9-6-09 and since then till date he is in custody. He applicant is aged about 72 years and has retired as a government servant. The learned counsel for the applicant has placed on record a copy of the identity card and the school leaving certificate of the applicant to indicate his date of birth and his employment while in service of State of Maharashtra. On a specific query being made about the antecedents of the present applicant, the learned APP on instructions from the investigating officer categorically stated that there is no criminal antecedents of the present applicant. Having regard to the role attributed to the applicant in the offence, I am of the clear view that the applicant is entitled to be released on bail. However his presence for investigation will have to be secured. 3. In the result, the present applicant shall be released on bail in C.R. No. 126/09 u/s. 141 to 149, 307,(converted to 302) 324, 326 r.w. Sec. 34 of IPC and sec. 4, 27 of Indian Arms Act and u/s. 37(a) & 135 of B.P.Act, on execution of personal bond in the sum of Rs. 10,000/- together with one or two sureties in the like amount. The applicant shall attend Tardeo Police station every alternate day between 5 to 7 p.m. for a period of one month or till the filing of charge sheet whichever is earlier. (A. P. Deshpande, J.)