sat 1 aba 1943-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1943 OF 2011 Vinod @ Vinya Mauji Chawda ...Applicant vs. The State of Maharashtra ...Respondent Mr.K.S. Patil for the Applicant. Mrs.A.A. Mane, APP for the State. CORAM : M.L. TAHALIYANI, J. (VACATION COURT JUDGE) DECEMBER 27, 2011 P.C. :- 1 Heard Mr.Patil, learned Counsel for the applicant and Mrs.Mane, learned Additional PP for the State. 2 I have gone through the FIR. The FIR is lodged by one police constable. He is not eye witness to the incident. I have also gone through the statement of injured Deepak Tathe. There was no specific role assigned to the applicant. A general statement is made by the injured in which the applicant is also named. The alleged head injury appears to have been caused by one Navin by means of paver block. The dispute mainly appears to be sat 2 aba 1943-2011 between the injured Deepak Tathe and Ramesh and his son Mukesh. The applicant and others had arrived at the scene of offence afterwards. The investigation is completed. 3 The accused is in custody from 7th December, 2012 onwards. The injured was fully under the influence of alcohol at the time of alleged incident. It is clear from his own statement that he was drinking since the night of 9th November, 2011 till the morning of 10th November, 2011. He had, just before the incident, consumed two bottles of beer. It is doubtful whether he was in a position to identify the assailants. The statement of the injured has been recorded very late. The possibility of false implication also cannot be ruled out. The applicant does not have any criminal case pending against him. 4 In the circumstances, I pass the following Order :- I. The applicant be released on bail in the sum of Rs. 10,000/- with one surety in the lime amount or cash amount of Rs.15,000/- in lieu of surety. sat 3 aba 1943-2011 II.The applicant shall attend the concerned police station for a period of three days in between 5 p.m. to 7 p.m. from the date of his release. III.He shall not leave the jurisdiction of N.M. Joshi Marg Police Station without prior intimation in writing of the Sr.P.I. for a period of one month. 5 Application is disposed of. (M.L. TAHALIYANI, J)