BA-1035-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1035 OF 2011 Sharad Bapu More & Anr. ... Applicants V/s. The State of Maharashtra, Thru' Deonar Police Station, Govandi, Mumbai. ... Respondent Mr. A.P. Mundargi, Sr. Advocate, i/b. Mr. Mukesh Pandey, for the Applicants. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 5 TH AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. Undoubtedly, a prima facie case exists against the Applicants. Mr. Mundargi, the learned Counsel for the Applicants, submits that so far as the application for Applicant No.2 Nadeem Beg is concerned, he would like to withdraw the same. He submits that he would file another after the investigation would be over. The Bail Application, so far as it relates to BA-1035-11.sxw 2 Dixit Applicant No.2 Nadeem Beg, is allowed to be withdrawn and stands dismissed as such. 4. So far as the Applicant No.1 Sharad is concerned, it is nobody's case that he was armed with any weapon. Since a number of persons from his family are involved and since there is no allegation that he used any weapon at the time of the incident, I am inclined to consider his case sympathetically. This is particularly so, because a cross case has been registered relating to the same incident, or some other incident, which had taken place immediately before the present incident and the accused in the cross case, except one of them, have been, reportedly, released on bail. 5. Considering that the detention of the Applicant No.1 Sharad is not essential from the point of view of investigation, it would be proper to release him on bail. 6. The Bail Application is partly allowed. 7. The Applicant No.1 Sharad is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, on the condition to attend the Deonar Police Station, Govandi, Mumbai, and make himself available for investigation/interrogation, as and when required by the Investigating Officer. [A.M. THIPSAY, J.]