1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2065 OF 2009 Hussain Mehbood Shaikh .. Applicant. Vs. State of Maharashtra .. Respondents. Ms.Anjali Iyer for the applicant. Mr.K.V.Saste A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 16th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.136 of 2008 of Agripada Police Station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 302, 325, 323, 143, 147, 149 r/w 34 of IPC. 3. It is the prosecution case that on the date of incident, the complainant with his friend – Ravindra had gone to ask one Isaq, the husband of complainant’s neice – Dashmi, as to why he was causing harassment to Dashmi. On that count Isaq and his friends allegedly assaulted the complainant and his friends – Ravindra, Anil and Sanket with fist and kick blows. As a result of the assault Sanket succumbed to injuries. Ms.Iyer, learned 2 counsel for the applicant at the outset submitted that the applicant is entitled for bail on parity with Isaq and Mohd. Saifi Mohd. Umar Ansari. She submitted that both these accused have already been released on bail. She invited my attention to the statement of eye witness and the memorandum of test identification parade in order to demonstrate that the role attributed to Isaq and Mohd Saifi Mohd Umar Ansari and to the applicant is similar. Mr.Saste, learned A.P.P. fairly submitted that there is no difference between the role of the present applicant and the accused who have already been released on bail. In the circumstances, I am inclined to enlarge the applicant on bail. Hence the following order: Applicant to be enlarged on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station on the first Saturday of every month between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)