..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3411 OF 2008 1. Aasif Hanif Shaikh, 2. Yakub Hamid Shaikh, 3. Babulal Rafik Shaikh, 4. Irfan Hussain Shaikh, & 5. Yasin Iqbal Shaikh. ..Applicants. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.Ujwal Agandsurve, Adv. for the applicants. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 25th September, 2008. DATED : 25th September, 2008. DATED : 25th September, 2008. P.C.: 1. Heard the learned Advocate for the applicants and the learned APP for the State. 2. The applicants are seeking bail in C.R.No.261 of 2008 of Jail Road Police Station, Solapur. The said case is under Section 326 of IPC. 3. The learned Advocate for the applicants states that co-accused - Asif Chandsab Shaikh has ..(2).. been granted bail by this Court and the case of the applicants is similar to that of co-accused Asif Chandsab Shaikh who has been granted bail. The learned APP states that the case of applicant Nos.1, 4, & 5 is similar to that of co-accused Asif. In view of this statement, I am inclined to grant bail to applicant Nos.1, 4 & 5. 4. As far as applicant No.3 is concerned, it is the prosecution case that he assaulted Bipin and the complainant - Sandip. As far as Sandip is concerned, he has sustained simple injury. As far as Bipin is concerned, eye witnesses have specifically stated that Yakub assaulted Bipin on the head with soda-bottle. Due to this Bipin fell down in an unconscious state. The witnesses have stated that thereafter applicant No.3 Babulal also assaulted Bipin with iron rod. However, from the post-mortem notes it is seen that only one injury was sustained by Bipin i.e. CLW on the head. The said injury is attributable to Yakub. Hence, I am inclined to grant bail to applicant No.3 Babulal. 5. As far as applicant No.2 Yakub is concerned, it is seen that he assaulted Bipin. ..(3).. The injury caused by Yakub has not caused any fracture. The injury certificate shows that Bipin was discharged from the hospital within three days. Looking to this fact, I am inclined to grant bail to applicant No.2 also. 6. The applicants - Aasif Hanif Shaikh, Yakub Hamid Shaikh, Babulal Rafik Shaikh, Irfan Hussain Shaikh, & Yasin Iqbal Shaikh to be released on bail in the sum of Rs.25,000/- (Rs.Twenty Five Thousand Only) each with one or two sureties to make up the said amount. The applicant shall report to Jail Road Police Station, Solapur once in a fortnight, till conclusion of the trial. 7. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)