BA-751-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.751 OF 2011 Rizwan Munna Shaikh ... Applicant V/s. The State of Maharashtra, Thru' Bhoiwada Police Station, Bhiwandi ... Respondent Ms. Anjali Patil for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. Mr. Sushrut Jadhwar for the First Informant. CORAM:- A.M. THIPSAY, J. DATED :- 6 TH JULY, 2011. P.C. : 1. Heard Mrs. Shinde, the learned APP for the Respondent, Ms. Patil, the learned Advocate for the Applicant, and Mr. Jadhwar, who was allowed to appear on behalf of the First Informant and oppose the application for bail. 2. I have gone through the F.I.R.. I have gone through the copy of the Charge- Sheet that is annexed to the Bail Application. 3. The Applicant has been arrested on 25th June, 2010 and continues to be in custody since then. The allegation against him is that he has committed offences punishable under Sections 498A IPC and 304B IPC read with Section 34 of the BA-751-11.sxw 2 Dixit IPC. The relatives of the Applicant - totally nine others - are also accused in the same case, but all of them have been released on bail. Some of them were granted anticipatory bail. 4. In the facts and circumstances of the case, it does not appear that the allegation of cruelty, as against the Applicant, is of a graver nature, than the allegation of cruelty that has been levelled against the relatives of the Applicant. Apparently, the First Informant - father of the deceased - suspected that it could be a case of murder, but, admittedly, after investigation, no accusation of an offence punishable under Section 302 of the IPC has been levelled against the Applicant. In fact, there is some material in the Charge-Sheet, which may indicate that the deceased was not having any serious complaints against the Applicant, and that her complaints were, basically, against the other relatives of the Applicant. 5. In any case, the Applicant is in custody since last more than one year. This, coupled with the fact that all the other accused have been granted bail, is sufficient to grant bail to the Applicant. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, or two sureties in the sum of Rs.20,000/- each. [A.M. THIPSAY, J.]