MP 1 BA1427_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1427 OF 2011 Amarjeet Narusingh Kalwan (Labana) ... Applicant Versus The State of Maharashtra ... Respondent Mr. Tivath Singh, Advocate for the Applicant. Smt.P.P. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 28TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.24 of 2011 registered with Ulhasnagar Police Station, District Thane for the offences punishable under Sections 302, 326, 147, 148 and 149 of the Indian Penal Code. 2. Prosecution case, in brief, is that on 11.02.2011, at about 10.30 p.m., the present applicant and his companion Deep Singh went to the stall of the deceased Harcharan Singh and consumed some fried fish. After eating, they refused to make any payment. Therefore, deceased Harcharan Singh scolded them. On that, the applicant and Deep Singh said that they would bring money from their house. Saying so, both of them went away. However, after some time, both of them along with their maternal uncle Dayal Singh and two others came back. While the applicant and Deep Singh were armed with sickle, Dayal Singh was armed with sword and their other two companions were holding iron sticks. First of all, the applicant gave a kick-blow to Harcharan Singh and then he gave a stick blow on the backside of the head of Harcharan Singh due to which he collapsed on the ground. Other accused persons assaulted and abused the deceased as well as his son. Harcharan Singh was MP 2 BA1427_11 taken to the hospital where he was declared dead. Post-mortem report reveals that he had suffered fracture to the left temporal bone as well as haematoma in that region and brain was damaged. As per the post-mortem report, due to the injury to the brain, death had occurred. 3. The learned Counsel for the applicant contends that other four accused persons, who were armed with sword and iron sticks, have been released on bail and the present applicant alone is in jail. According to him, he is a businessman and he can be released on bail by imposing certain conditions. His application is opposed by the prosecution. It appears that even though there were five accused persons, the fatal blow was given by the present applicant. In view of the circumstances in which the incident had occurred and the specific role attributed to the present applicant, in my opinion, it will not be desirable to grant bail to the applicant. 4. Therefore, the application stands rejected. (J. H. BHATIA, J)