1 ba6.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.6 OF 2011 Nasim Khan Moti Khan. ....Applicant. Vs. The State of Maharashtra. ....Respondent. Mr.Harshad Bhadbhade, advocate for applicant. Ms.R.V.Newton, APP for State. CORAM:- J.H.BHATIA,J. DATED:- JANUARY 13, 2011. P.C. 1. The applicant, who is accused in Crime No.223 of 2010 registered at Sakinaka Police Station for the offence punishable under section 302, 324 r/w 34 of I.P.C., seeks for bail. 2. Heard learned counsel for the applicant and learned APP. Prosecution case in brief is that one Rajani Sahu and his maternal uncle Sham Sahu were working as labourers and staying in temporary camp established for the workers by the concerned builder at Sakinaka. The present applicant and his three brothers including Gorekhan and Wasim Khan were also residing in the same camp and were working as carpenters. On 18th May, 2010 another worker 2 ba6.11 Devraj, who was in drunken condition, urinated near the hut of the accused persons and therefore the Accused persons began to beat him with kicks and firsts blows. First informant Rajani Sahu intervened to rescue Devraj. On this, the accused person began to abuse and assault him. Rajani Sahu shouted for help and his maternal uncle Sham Sahu, who was going to attend call of nature, came there and tried to intervene. On this the accused persons assaulted him with Bamboos etc. Accused Gorekhan and Wasim Khan gave blows on the head of Sham Sahu. While the present applicant gave blows with bamboos on his hands and legs. Their younger brother, whose name was not known at that time, gave fists blows. After the incident, Sham Sahu and the complainant Rajani Sahu were taken to Rajawadi Hospital on 19th May, 2010 at 00.15 hours. However, the medical officer on duty gave some treatment and allowed them to go home. On the same day, at 1.00 p.m. Sham Sahu died. The post mortem report reveals that there were several injuries on his person and he died because of injuries on head. 3. From the facts, it appears that there was no previous enimity between the parties. The incident occurred abruptly when the complainant Rajani Sahu firstly intervened to rescue Devraj and then the deceased Sham Sahu intervened when Rajani Sahu was being beaten by the accused persons. The death 3 ba6.11 occurred because of the head injury which could be attributed to the blows given by the Accused Gorekhan and Wasim Khan. The present applicant had given only blows with bamboo on his hands and legs, which could not be responsible for death. Taking into account the circumstances, and the role played by the present applicant, bail may be granted. 4. The applicant be released on his executing PR bond of Rs.10,000/- with one surety in the like amount subject to condition that he shall not tamper the prosecution witnesses and shall attend Sakinaka Police Station on every Sunday between 11 a.m. to 1 p.m. till end of the trial. 5. Application disposed of on the above terms. (J.H.BHATIA, J.)