BA-800-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.800 OF 2011 Shakel Garibullh Khan ... Applicant V/s. State of Maharashtra, Thru’ D.N. Nagar Police Station ... Respondent Mr. S.V. Marwadi for the Applicant. Mrs. G.P. Mulekar, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 10 TH JUNE, 2011. P.C. : 1. Heard Mr. Marwadi, the learned Advocate for the Applicant, and Mrs. Mulekar, the learned APP for the Respondent. 2. The Applicant is the accused No.3 in Sessions Case No.269 of 2011. The allegation against the Applicant and the other accused is that they had formed an unlawful assembly, committed riot and committed offences punishable under Sections 302 IPC, 326 IPC, 324 IPC r/w. Section 149 of the IPC. 3. The case of the prosecution is that on 14th December, 2010, there was some quarrel between the group of the First Informant Akib Saleem Khan and the BA-800-11.sxw 2 Dixit group of the Applicant. One Kadar, a co-accused, from the group of the Applicant is alleged to have quarreled with Sultan, from the group of the First Informant. Kadar is said to have assaulted Sultan by a danda. After some time, the party of the Applicant, which included Majid-the deceased, went to the place where the previous fight had taken place and questioned Kadar and his friends as to why Sultan was assaulted. At that time, the First Informant and his party were assaulted, by the Applicant’s party. Naeem, a co-accused, assaulted Majid on his chest by a knife. The said Kadar assaulted Shahrukh and Faizal by a knife. The Applicant is alleged to have assaulted one Iliyas by a knife. Majid died as a result of injuries sustained on account of the said assault. 4. The main contention advanced by Mr. Marwadi, the learned Advocate for the Applicant, is that, admittedly, the Applicant has not assaulted the deceased. He submitted that the case of the prosecution is that the Applicant had assaulted one Iliyas. According to him, there is no medical certificate in respect of the injuries sustained by the said Iliyas. He submitted that considering that the Applicant is a student and that he is in custody since last more than six months, his case for bail may be considered. 5. The contention of the learned APP is that the Applicant and the other accused had formed an unlawful assembly and that, therefore, the Applicant is also responsible for the death of Majid. It is not desirable to enter into a detailed discussion on this aspect. What needs to be observed is that, it is not that the Applicant and his party had gone towards the victim and his party. It is clear that the victim and his party had gone to question the Applicant’s party as to the reason why Sultan had been assaulted. BA-800-11.sxw 3 Dixit 6. Iliyas does not seem to have sustained any serious injuries. At any rate, there is no medical certificate or record to indicate the same. There are no antecedents. Considering the role attributed to the Applicant, that he is in custody for more than six months and there are no antecedents, I am inclined to release him on bail subject to certain conditions. 7. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, on the condition to report to the D.N. Nagar Police Station on every Wednesday and Sunday till the disposal of the case against him. The Applicant shall not contact, meet or approach any of the prosecution witnesses in any manner whatsoever. [A.M. THIPSAY, J.]