1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 326 /2010 [Mohammad Amin s/o Sk. Mohammad vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R M Daga, Adv. for applicant Mr K S Dhote, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 8, 2010 . Heard. 2 By this application, the applicant prays for grant of bail in connection with Crime No. 88/2009 registered at Nagpuri Gate Police Station for offence punishable under sections 143, 147, 148,302, 307, 506 B read with section 149 IPC ; Sections 4 and 5 of the Arms Act and 135 of the Bombay Police Act. Learned Advocate for the applicant contended with reference to supplementary statement of the first informant that she had alleged active role to one Atique and Sajid that they were armed with cricket bat and were assaulting the deceased on the head and body; while Vasim, Sanim and Amin were armed with stamp ; Javed was armed with katta while Rafique Tata and Rashid Langda were armed with wooden logs ; Mohsin was armed with sword while they were assaulting brother of the first informant who had fallen down after somebody said “Mar Gaya re”, on the head and body of the deceased. 2 With reference to affidavit in reply, learned Advocate for the applicant contended that in fact in para no.3 Investigating Officer contended that in Column No. 17 of PM notes, injury described as contusion has been stated as cause of death. With reference to weapons used it is stated by the I.O. that the applicant may be attributed role with the aid of Section 34 IPC since he had participated in the crime and he is equally responsible for causing death. 3 Considering that main role in the crime was not attributed to the present applicant as active participant in the same, at the most, it may be stated that subsequently one Amin was seen armed with cricket bat and assaulting the person who had fallen down in motionless condition. Considering the material collected in the course of investigation, I think benefit of conditional bail may be granted in favour of the applicant. Hence the following order:- The applicant be released in respect of Crime No. 88/2009 upon executing PR bond in the sum of Rs. 30,000/-, with one or two surety in the equal amount, provided that he shall attend the trial on each date of hearing. He shall inform his fixed/permanent address with Phone/Cellphone number to the I.O. as well as the Presiding Officer of the trial Court. He shall not tamper 3 with the prosecution evidence in any manner. Application is disposed of. JUDGE sahare