[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2511 OF 2008 Tarun Satinderkumar Chawla ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Niteen Pradhan Advocate along with Ms.Shubhada Khot for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 DATE : AUGUST 11, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.197 of 2008 of Mulund Police Station, Mumbai. The said case is mainly under Section 302 of IPC. 3. The case of the complainant is that he was returning home along with his friend Balkarsingh (deceased). When they reached near Nirmal Lifetstyle, Mulund, one person obstructed the complainant and his friend. At that time, the [-2-] complainant and his friend were surrounded by some persons. Complainant and his friend suspected that something was wrong, hence, they started running towards car of the complainant. The complainant and his friend sat in the car, however, one vehicle obstructed them. About 50 to 60 persons assaulted complainant and his friend. At that time, one person fired in the air. Due to this, complainant got frightened and he got down from the car and started running. Some persons chased the complainant and assaulted him. After sometime when the complainant returned back, he found that his friend Balkarsingh was lying dead in the car. 4. The complainant has not identified the present applicant as being the person who initially obstructed him and his friend Balkarsingh nor has the complainant stated that the applicant was in the vehicle which obstructed the car of the complainant nor is it the case of the complainant that the present applicant was one of the persons who chased him or that the applicant was the person who assaulted him or his friend. It is the prosecution case that the applicant was one of the persons in the mob of 50 to 60 persons. It is [-3-] admitted fact that the applicant was not armed at the time of the incident. There is no material to show that the applicant either obstructed, chased or assaulted either the complainant or Balkarsingh. In this view of the matter, I am inclined to grant bail to the applicant. 5. The applicant-Tarun Satinderkumar Chawla to be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Mulund Police Station, Mumbai as when called. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]