1 appa149510 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1495 OF 2010 IN CRMINAL APPEAL NO. 1003 OF 2009 Shahanbaj alias Shanu Allauddin Shaikh ...Applicant V/s. The State of Maharashtra & Anr. ...Respondents Ms. Anjali Patil for the Applicant Mr. H.J. Dedia, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 20TH DECEMBER, 2010 P.C.:- Heard the learned counsel for the applicant and the learned A.P.P. 2. We have waded through the judgment under challenge. We are conscious of the fact that the finding in favour of accused No. 1, by itself, cannot come to the aid of the appellant/accused No. 2. However, it is noticed that the deceased child was staying with his 2 appa149510 mother, where the applicant/accused No.2 had visited during the said night. The prosecution has brought on record that the deceased was taken to the hospital by accused No. 2. Even so, this being a case of circumstantial evidence, and the fact that on the same evidence, accused No. 1 has already been acquitted, in our opinion, the applicant deserves to be enlarged on bail. We are inclined to take the view that there is evidence on record to indicate that the deceased was also patient of epilepsy. The trial Court, in the impugned judgment, while analysing the facts, has also adverted to the fact that on enquiry, accused No. 1 told the complainant that Sahil fell down in the latrine on 5th December, 2004 and became unconscious. The injury sustained by the deceased is stated to be leniar fracture of skull. The prosecution relies on recovery of rolling pin, which may be the weapon used to assault the deceased. It is not in dispute that there is only one head injury found in the post mortem report. 3. We, accordingly, order release of the applicant on bail, unless required in some other case, on the following conditions:- (i) The applicant shall furnish bail bond in the sum of Rs.25,000/- with one or two sureties in like amount. 3 appa149510 (ii) The applicant shall report to the nearest police station of his residence once in a month on the first Monday of every English Calendar month between 9 a.m. to 12.30 p.m. (iii) The applicant shall furnish his latest residential address to the local police station and shall not travel outside Mumbai without prior intimation of 48 hours in writing to the local police station and also disclose his travel programme and the contact place where he would visit. 4. Application is disposed of on the above terms. A.P. BHANGALE, J. A.M. KHANWILKAR, J.