1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2680 OF 2009 Gul Mohammed @ Bablu Noor Mohammed Idrisi .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.H.S.Deshpande for the applicant. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 30th June, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-241 of 2008 of Kalwa Police Station, District Thane. The crime has been registered against the applicant for having allegedly committed an offence punishable under sections 302 and 504 of IPC. 3. It is the prosecution case that the applicant committed murder of his brother – Khushnood in the presence of another brother – Shahnood. The incident was witnessed by another 3-4 persons and they all have stated that they saw the accused inflicting blow with wooden stick on the head of the deceased – 2 Khushnood. Mr.Deshpande, learned counsel for the applicant after having invited my attention to the statements of all the eye witnesses, post mortem notes, and other medical papers submitted that this is a case of single blow and the injury sustained by the deceased was only 2 cms. wide. This, according to Mr.Deshpande, shows that the applicant never intended to kill his brother. He submitted, even after the incident, the brother was alive for three days in the hospital. He further submitted that it is clear from the statements of all the eye witnesses that at the relevant time the applicant was not armed with any weapon and took the wooden stick from the saw-mill and inflicted only one blow. He, therefore, submitted that the offence will fall under section 304 Part II of IPC. Having considered the submissions of learned counsel for the parties and the medical papers including the post mortem notes I am inclined to enlarge the applicant on bail on stringent conditions. Hence the following order: Applicant be released on bail in the sum of Rs.25,000/- with two local sureties to make up the said amount, subject to the condition that the applicant shall not enter District Thane till conclusion of the trial except for attending the case in the trial Court. The applicant shall inform his address, where he proposes to reside during this period, to the concerned police station and shall report to the nearest police station from his 3 residence on every Saturday between 6 pm and 7 pm till conclusion of the trial. It is made clear that this condition is imposed in view of the peculiar facts and circumstances of the case and, therefore, the application for relaxation of the condition shall not be entertained. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)