1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 306 of 2010 Salma Bi Jan Mohd Shaikh ... Applicant versus The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 307 of 2010 Zahid Jan Mohd. Shaikh & Anr ... Applicants versus The State of Maharashtra ... Respondent ... Mr.J.S.Kini for the applicants Mr.S.N.Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 8th February 2010 P.C. 1. Both these applications are filed by the accused in the same incident. Hence they are heard and disposed of by this common order. 2 2. Applicants in these applications seek bail in connection with C.R.No. 495 of 2009 registered at Ghatkopar Police Station Mumbai on 22nd December 2009. 3. The prosecution case is that Zahid (applicant no.1 in Criminal Application No.307 of 2010) had threatened wife of the complainant Ketan that he would rape her. On 12th October 2009, the applicant went to the house of Zahid to accost him why he had threatened the complainant’s wife. Zahid was called by his mother (applicant in Criminal Application No.306 of 2010) when Zahid stated that on account of previous complaints by the complainant, gambling business was affected and therefore he had threatened the complainant’s wife. At that time, a scuffle took place between complainant and Zahid when two brothers of Zahid viz. Lalu (who was absconding and has been arrested very recently) and Sajid (applicant no.2 in Criminal Application No.307 of 2010) came out along with chaku (knives) in their hands. They assaulted the complainant. Nilesh Jadhav, a friend of complainant tried to intervene when he was also assaulted. Sajid also pushed the complainant. The complainant fell down and Sajid also fell and suffered some minor injuries on his front portion of his head. 3 Complainant was admitted to the hospital and forthwith lodged the FIR. 3. So far as Salimbi, mother of Zahid is concerned, there is no serious allegation against her except that she tried to hold the complainant. Taking into consideration the minor allegations against her and also the proviso to sub­section (1) of section 437 relating to women, she can be granted bail. So far as Zahid is concerned, there is no allegation of use of any dangerous weapon by him and therefore, he can also be granted bail. So far as Sajid (applicant no.2 in Criminal Application No.307/10) is concerned he had assaulted the deceased with chaku (knife) and had also assaulted the friend of the complainant with knife. Considering the nature of the offence and the dangerous weapon used, in my view he cannot be granted bail especially when the investigation is still in progress. Hence, I pass the following order O R D E R 4. Salma Bi Jan Mohd. Shaikh (applicant in Criminal Application no.306/10 and Zahid Jan Mohd. Shaikh (applicant no.1 in Criminal Application No.307/10) be released on bail on each of them executing P.R. bond of Rs.20,000/­ with two sureties of the like amount subject to 4 the following conditions: i) The applicants shall co­operate with the investigation and shall not threaten the prosecution witnesses. ii) Zahid shall attend the concerned police station on every Saturday between 11.00 a.m. And 5.00 p.m till charge­sheet is filed and shall thereafter record his presence in the concerned police station once a month in the first week of every month till the conclusion of the trial. 5. Application for bail by Mohammed Sajid Jan (applicant no.2 in Criminal Application no.307/10) is rejected with liberty to apply afresh after the charge­sheet is filed. (D.G. KARNIK,J.)