1 Cri-A-5552-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5552 OF 2010 Iqbal Noormohammed Khan ... Applicant (orig. accused No.4) Vs. The State of Maharashtra ... Respondent Mr.Amin Solkar,Advocate, for the applicant. Mr. Y.M.Nakhwa,APP, for the respondent State. CORAM: J.H.BHATIA,J. DATE : 22nd December, 2010. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers along with the charge-sheet. 2. The applicant, who is accused No.4 in Crime No.230/2010 under Section 302 of IPC registered at Shivaji Nagar Police Station, seeks bail. The police papers reveal that on 26.6.2010, deceased Abusaad had some quarrel with accused No.1 Akeel Ahmed. On 27.6.2010, at about 3 p.m. Abusaad went to his house in injured condition. On enquiry by his father Siraj Nirhu Khan, Abusaad told him that at about 2 p.m. at Bajiparbhu Deshpande Road, Akeel Ahmed and his three friends had abused him and Akeel Ahmed had picked up a stick lying there 2 Cri-A-5552-10.sxw and assaulted on his back and head. His three companions had also beaten him with fist blows. His father immediately took him to Shatabdi Hospital for treatment. Some treatment was given to him but as Abusaad was under influence of liquor, he was allowed to be taken home by his father. On 28.6.2010, at about 10 a.m. Abusaad did not wake up. When his father tried to wake him up, Abusaad was feeling uncomfortable in breathing. Therefore, he was again taken to the Rajawadi Hospital where he was admitted as indoor patient. He was in ICU. On 3.7.2010, Abusaad died. Report of the incident was lodged by the father of Abusaad on 28.6.2020 itself and it was registered as an offence under Sec.324 etc. Later on Section 302 was added. Post-mortem report reveals that there were in all 20 injuries on different parts of the body, including on the forehead, neck, back, etc. The cause of death was shown to be head injury with Intra hemorrhage of multiple injuries all over chest/back and internal injuries. 3. On perusal of the statement of witnesses recorded by the police during investigation, it appears that Akeel Ahmed had assaulted on the head and back of Abusaad with a stick, while his companions had beaten him with fist blows.Taking into consideration the role of the present applicant which was restricted to giving some fist blows, in my opinion, it is a fit case to grant bail to the applicant. 3 Cri-A-5552-10.sxw 5. Therefore, the applicant be released on his executing P.R. of Rs. 25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence and shall also report at Shivaji Nagar Police Station on every Sunday between 11 a.m. to 1 p.m. till the completion of trial. (J.H.BHATIA,J.)