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. 1831 OF 2008 CRIMINAL APPLICATION NO. 1831 OF 2008 CRIMINAL APPLICATION NO. 1831 OF 2008 Mr.Munir Aayub Chaudhari. ... Applicant. V/s. The State of Maharashtra. ... Respondent. A.M.Saraogi for the applicant. Mrs.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: 24th June 2008. DATED: 24th June 2008. DATED: 24th June 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in connection with C.R.No.160/2008 registered with Nagpada Police Station, Mumbai for the offences punishable under sections 143, 144, 147, 148, 149, 323, 326 read with section 34 of Indian Penal Code. 3. The case of the applicant can be segregated from that of other accused, viz., Ajhar Aayub Choudhary; Mohammed Sadique Rafique Choudhary; Mohammed Aayub Choudhary; and Mohammed Sharif Choudhary and can be considered separately looking to the material brought on record by the applicant as well as by the Investigating Officer through his affidavit dated 20th June, 2008. Considering the role of the applicant in commission of the alleged offence, in my considered view, the applicant would be entitled to bail. In the circumstances, I am inclined to grant bail to applicant, subject to following conditions: (a) The applicant, arrested in connection with C.R.No.160/2008 registered with Nagpada Police Station, Mumbai shall be enlarged on bail in the sum of Rs.25,000/- with one or two local solvent sureties to make up the said amount. The applicant is permitted to furnish cash security, initially, for a period of fifteen days, subject to replacement of the same with that of local solvent surety. Needless to mention that failure on the part of the applicant to furnish local solvent surety within fifteen days, this order shall automatically stand cancelled and the Investigation Officer would be within his right to take the applicant in custody. (b) The applicant shall report to the concerned Police Station once in a week, i.e. on every Wednesday between 3.00 to 5.00 p.m. till conclusion of the trial. He shall co-operate with the investigating agency for disposal of the case. - 3 - (c) The order of bail will be given effect only after the applicant furnishes to the investigating officer details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. (d) The applicant 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 the applicant 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. 4. Application stands disposed of accordingly. - 4 - JUDGE JUDGE JUDGE