1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1702 OF 2010 Mr. Vikas Harishankar Giri. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.K.H. Giri for the Applicant. Smt. A.A. Mane, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 27th April, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in CR No. 69/2010 registered by Charkop Police Station for the alleged offences punishable under Section 302, 323, 324, 504 read with 34 of the I.P.C. The case of the prosecution is that one Manish is the employer of applicant Vikas and another co accused Sonu Sushil Sharma. The incident took place on 2.3.2010 when deceased Riyajuddin Bhukari had come to the shop of Manish. Manish was conducting a business of mobile repairing. The deceased 2 handed over his mobile for doing some software work. After Manish opined that some software strip will have to be changed, the deceased Riyajuddin insisted that this should done by free of cost because he had earlier changed the software strip from the same mobile shop. This resulted in a fight between the deceased and the Manish. Manish caught the neck of the deceased in a grip. At that time the present applicant who was present in the shop who is an employee hit the deceased with an iron pipe whereas the employee Sonu hit deceased with bamboo. On perusal of the injury certificate, it appears that all the external injuries are minor in nature. Medical evidence indicates that deceased did not die because of these injuries. Opinion of the doctor is that deceased died because of strangulation. The death is only attributable to the acts of the Manish who held neck of the deceased in the vice like grip. Prima facie, it is possible that the present applicant has no intention to cause the death of the deceased. In 3 the circumstances, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in pursuance of C.R.No.69/2010 registered by Charkop Police Station, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once in a week on every Monday till the charge sheet is filed and thereafter once in a fortnight on every first and third Monday till the disposal of the trial. Bail is also granted on the condition that applicant will not tamper with prosecution evidence and will remain present on all the dates of the trial, unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)