IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1069 OF 2008 CRIMINAL APPLICATION NO. 1069 OF 2008 CRIMINAL APPLICATION NO. 1069 OF 2008 1. Mr.Akbar @ Sajid Amir Khan, 2. Mr.Parvez Amir Khan, 3. Mr.Munna @ Munnawar Makbul Khan, 4. Mr.Noor Mohd. Riyaz Khan. ... Applicants. V/s. The State of Maharashtra. ... Respondent. S.V.Kotwal i/b. S.S.Bhandari & V.P.Shinde for the applicants. Ms.A.T.Zaveri, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 10th April 2008. DATED: 10th April 2008. DATED: 10th April 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. By this application under section 439 of Cr.P.C. the applicant is seeking bail in connection with C.R.No.379/2007 registered with D.N.Nagar Police Station, Mumbai for the offences punishable under sections 307, 342, 301 read with section 34 of Indian Penal Code. 3. Having seen the text of the F.I.R. and the role played by each of the applicants, the applicant Nos.1 and 2 having committed a positive act of assaulting the complainant by bamboo sticks and having thrown him in the septic tank with a view to see that victim dies of suffocation, I am not inclined to grant bail in favour of defendant Nos.1 and 2. 4. However, considering the role of applicant Nos.2 and 3 as described in the F.I.R., that they assaulted the victim by fist and blows, I am inclined to grant bail in their favour. 5. In the circumstances of the case, so far as applicant Nos.1 and 2 are concerned, application for bail stands rejected. 6. So far as applicant Nos.3 and 4 are concerned, they be released on bail subject to following terms and conditions : (a) The applicant Nos.3 and 4 shall execute P.R.Bond of Rs.25,000/- each with one or two local sureties in the like amount. (b) The applicant Nos.3 and 4 shall report to the concerned Police Station once in a week, i.e. on every Monday between 3.00 to 5.00 p.m. till conclusion of the trial and shall co-operate with the investigating agency for disposal of the case. (c) The order of bail will be given effect only after the applicants furnishes to the investigating officer the details about their places of residence and address where they propose to stay after they are enlarged on bail. The applicant Nos.3 and 4 will not change their residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. (d) The applicants shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (e) It is needless to mention that breach of any of the conditions by applicant Nos.3 and 4 shall result in cancellation of bail. (f) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 7. Application stands disposed of accordingly. JUDGE JUDGE JUDGE