IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.3592 OF 2008 APPLICATION NO.3592 OF 2008 APPLICATION NO.3592 OF 2008 1.Mr.Kalimuddin A.Rehman Sharif & ors .. Applicants Vs. The State of Maharashtra ... Respondents Mr.Mubin Solkar i.b Mr.I.Ghawte for Applicants Mr.V.B.KondeDeshmukh APP for Respondents CORAM CORAM CORAM : A.V.NIRGUDE, J : A.V.NIRGUDE, J : A.V.NIRGUDE, J (Vacation (Vacation (Vacation Judge) Judge) Judge) DATED DATED DATED : 4TH : 4TH : 4TH NOVEMBER, 2008 NOVEMBER, 2008 NOVEMBER, 2008 P.C. P.C. P.C. 1. Heard. Perused the copy of FIR and copy of order passed by the learned Additional Sessions Judge, dated 1.10.08 rejecting the bail application of the applicants. The incident dated 25.9.08 probably occured as under : The applicants along with applicant no.1’s Police constable bodyguard went to the spot in a car. The applicant no.1 had an altercation with complainant Shakil. It is seen that probably the applicant no.1 assaulted Shakil. This probably provoked the neighbourhood residents. They launched an attack on the applicants who then tried to take shelter in the car and tried to run away from the spot. But the mob was quite furious 2 and pelted stones on the car due to which the car was damaged. During the melee the applicant took out his gun and fired a shot in the air. It is the complainant’s case that he fired a shot on his direction. But the police constable who was working as bodyguard of the applicant no.1 made a clear statement that the applicant no.1 fired a gun short in the air to disperse the attackers. After the incident, two FIRs came to be registered as cross complaints. The accused in other case are alaready released on bail. The applicants are in custody for more than one month. The investigation must have been over by now. The applicant deserves bail. The applicant be released on bail on his furnishing personal bond of Rs.5000/- with one surety in the like amount. { A.V.Nirgude, J } A.V.Nirgude, J } A.V.Nirgude, J }