1 Appln 4189-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4189 OF 2010 Shrikant Suryakant Shetty ..Applicant V/s. The State of Maharashtra ..Respondent Mr.A.H.H.Ponda, Advocate, for the Applicant Mr.A.M.Nakhawa, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 5TH OCTOBER, 2010 P.C. . This is an application for anticipatory bail in connection with C.R.No.I-92/2010 for the offence punishable under Sections 307, 323, 504 and 506 read with Section 34 of the Indian Penal Code registered with Vishnunagar Police Station, Dombivali by a person who is alleged to have participated in murder and assault on one Viren Mhatre. The genesis of the incident as disclosed from the FIR, which is exhaustive, is that there 2 Appln 4189-10 was dispute amongst Yogeh Bhoir, Shyam and Mahesh Joshi prior to the incident. On the incidental night, when informant Yogesh accompanied by his friends Sudarshan and Viren were walking at about 10.00 p.m, a Rickshaw stopped near them and Shyam and Mahesh started beating him without saying a word. They then called applicant Shrikant from the Rickshaw and he too joined in beating the victim with fists and kicks. Informant's friend, Viren Mhatre intervened, he was also beaten with fists and kicks. Mahesh Joshi took out beer bottle from the Rickshaw, broke it and hit Viren Mhatre with the broken beer bottle on the chest, hand and left thigh, resulting in Viren Mhatre suffered bleeding injuries. It seems that Viren Mhatre's leg had to be amputed because of the injuries sustained by Viren in the incident. 2. The learned Counsel for the applicant points out that from the allegations in the 3 Appln 4189-10 FIR, it would be clear that the applicant had absolutely no intention to assault anyone. He was called by Mahesh and Shyam Joshi and therefore, could be held to have participated in the fisticuffs. As far as victim Viren Mhatre is concerned, he was not beaten by the applicant. When he intervened, he was assaulted by Mahesh Joshi by broken beer bottle and therefore, he submits that the question of applicant's sharing a common intention to launch murderous, assault on Viren does not arise. 3. The learned APP submits that the applicant two has participated in the assault and therefore, must be denied bail. He also points out upon instructions from API Shri P.B.Ghuge, who is present in the Court that there are eye witnesses, who have stated about the applicant's participation in the assault on Viren, though, Case Diary does not show that so far any such eye witness surfaced. 4 Appln 4189-10 Considering nature of allegations made against the applicant, his being in custody for the purpose of investigation may not be necessary. 4. In view of this, Criminal Application is allowed. In the event of arrest, applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the like amount of Rs.50,000/- on the following conditions. (i) The applicant shall report at the Vishnunagar Police Station, Dombivali on 11th October, 2010 at 10.00 a.m. for interrogation and thereafter, on every Monday till the charge sheet is filed and as and when required by the investigating officer. (ii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iii) The applicant shall not leave India without the previous permission of the Court. 5. The order shall remain in force till the charge sheet is filed and thereafter, 5 Appln 4189-10 applicant may approach appropriate Court for regular bail. (R.C.CHAVAN, J.)