BA-442-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.442 OF 2011 Sakiran Amir Khan ... Applicant V/s. The State of Maharashtra, Thru’ Oshiwara Police Station ... Respondent Mr. Dinesh Tiwari, i/b. Dinesh Tiwari & Associates, for the Applicant. Mrs. G.P. Mulekar, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 30 TH JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application. A copy of the Charge-Sheet is tendered by the learned APP, which is taken on record. 3. It is contended by the learned Advocate for the Applicant that the Applicant has played only a minor role in the incident. He submits that the victim was assaulted by the husband of the Applicant, and not the Applicant. It is also submitted that the Applicant was under a bonafide belief, that the victim was a thief who had entered inside the house. BA-442-11.sxw 2 Dixit 4. It appears from the statement of the daughter of the Applicant that the Applicant also actively participated in the assault. Though it appears that she did not use any weapon, it cannot be overlooked that she continued to assault the victim when her husband was assaulting him by wooden stick. The limbs of the victim had been tied before the assault. It also appears that the Applicant and the co-accused tried to give some false explanation about the incident. 5. It cannot be said that there exists no prima facie case against the Applicant. The assault appears to be quite brutal. The victim was a boy of 16 years. The assault was carried out in spite of protest and intervention of the daughter of the Applicant. 6. Considering all these aspects, I am not inclined to release the Applicant on bail. 7. The Bail Application is rejected. 8. On the request of Mr. Tiwari, the learned Advocate for the Applicant, it is directed that the trial Court shall expedite the trial and endeavour to complete it within a period of three months from today. [A.M. THIPSAY, J.]