1 BA : 1801/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1801 OF 2011 IN SESSIONS CASE NO. 576 OF 2011 IN C.R. NO. 168/2011 Shri Suryabhan Shivpratap Singh .... Applicant Vs. The State of Maharashtra .... Respondent Mr. Akhlak A. Khan for applicant. Mr. S.A. Khan, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 5th December, 2011 P.C. 1. The applicant herein is one of the accused in Sessions Case No.576 of 2011. He was working as a Security Guard at construction site of the Company, by name Bharat Enterprises. On 25th April 2011 at about 2.30 am., he and the other security guard noticed looking at the construction site. Therefore both assaulted him by bamboo sticks. When he fell unconscious, he was put into a bath room at 2 BA : 1801/2011 the site. Then the co-accused called up the employer informing him about the incident. It appears that the victim of assault succumbed to the injuries and complaint for the offences punishable under Sections 302 and 201 read with 34 Indian Penal Code came to be lodged against the applicant and another with Vakola Police Station. 2. Bare perusal of the FIR shows prima facie that there was no intention to commit murder. At the highest, it was overzealousness on the part of the applicant and the other security guard in protecting the construction site. Besides the applicant has been in custody over a sufficiently long time and no useful purpose would be served by detaining him any further. The application is allowed. Hence, the order : O R D E R (i) The applicant be released on bail in the Sessions Case No. 576 of 2011 in the sum of Rs.15,000/- (Rupees Fifteen thousand only) with one solvent surety in the like amount. (ii) The applicant shall attend Vakola Police Station once a week on every Sunday between 10 am. to 12 noon until commencement of the trial. 3 BA : 1801/2011 (iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv) The applicant shall not leave India without the previous permission of the trial Court. (Smt. R.P. SondurBaldota, J)