1 BA 1632-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1632 OF 2011 Surendra Kumar alias Sundar .Applicant Ramlakhan Yadav V/s. The State of Maharashtra .Respondent WITH BAIL APPLICATION NO.1604 OF 2011 Imran Syed Anwar Syed .Applicant V/s. The State of Maharashtra .Respondent Mr.S.V.Marwadi, Advocate, for the Applicants Mrs.P.P.Bhosale, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 21ST OCTOBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. These two applications for bail filed by accused persons, who have been arrested and chargesheeted in connection with C.R.No.85 of 2 BA 1632-2011 2011 for the offences punishable under Sections 302, 324, 504 read with Section 34 of the Indian Penal Code registered with Malad Police Station for murder of Saijad Sherali Shaikh and assault on Mushtaq Sherali Shaikh. Co-accused Akhilesh Ghanshyam Patwa, who had also participated in the assault has been admitted to bail by order dated 30th September, 2011 passed on Criminal Application No.1468 of 2011. As rightly pointed out by the learned APP, Patwa was granted bail because Patwas is not shown to have participated in the assault on Saijad. However, genesis of the incident would show that it was Saijad, who invited his own family members to the place from where the accused persons were telling the victim to go out. While Imran is alleged to have hit the victim on head with an iron rod, Surendrakumar Yadav is supposed to have hit Saijad with bamboo stick. Considering genesis of the incident and the nature of assault in which the applicants are alleged to have 3 BA 1632-2011 indulged in, the learned APP submits that they should be denied the bail. The learned Counsel for the applicants submits that the victim had not died as a result of injuries sustained. But notes of Postmortem examination show that the cause of death was Bilateral lobao pneumoia or complication at head injury. Considering that Imran had used iron rod for hitting on the head of the victim, he is not entitled to bail. Criminal Bail Application No.1604 of 2011 is rejected. 3. Since, Surendra had used bamboo stick for hitting the victim, possibly entering the spot. In view of this, applicant Surendra be released on bail on their furnishing P.R.Bond of Rs.50,000/- each with one or more solvent sureties in the aggregate sum of Rs.50,000/- till the trial is over. Criminal Application No.1632 of 2011 is allowed. (R.C.CHAVAN, J.) 4 BA 1632-2011