IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4047 OF 2008 CRI.APPLICATION NO.4047 OF 2008 CRI.APPLICATION NO.4047 OF 2008 Mr Rafique Ahmed Ghaseeta Ahmed Khan, .. Applicant vs The State of Maharashtra, Respondent. Mr Kuldeep S.Patil, for the applicant. Mrs A.T.Jhaveri, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 04/12/2008 DATE : 04/12/2008 DATE : 04/12/2008 PC: PC: PC: 1. Heard Mr.Patil, learned counsel for the applicant and Ms.Jhaveri, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.I-153 of 2008 of Manikpur police station at Vasai, Dist-Thane. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under section 302,307,325,504 read with 34 of IPC. 3. It is the prosecution case that the quarrel took place between the deceased-Ajay and the present applicant relating to price of brass. The applicant was selling dubbas. The fight was in relation to the price of dubbas. At that time, the co-accused-Jehangir Mohd.Ismail Shaikh intervened. The role attributed to Jhangir Mohd. Ismail Shaikh is that he picked up brick which was lying on the road and he assaulted Ajay on the head with the said brick. He also assaulted the complainant with the said brick. As far as the complainant is concerned, there is no material to show that the injury on the head was serious or grievous in nature. As far as Ajay is concerned, it is seen that after Ajay was assaulted he ran away from the spot. Thereafter, Ajay was taken to the hospital. Ajay was treated. Thereafter Ajay went home and at home he started having some trouble while breathing, hence, he was again taken to the hospital and during the course of treatment, he expired. The co-accused Jehangir Mohd. Ismail Shaikh has already been granted bail by this court vide order dated 18.9.2008 in Criminal Application No.3130 of 2008.Keeping that in view and considering that the incident took place in a spur of moment and that the applicant did not assault the deceased,I am inclined to enlarge the applicant on bail. Hence, the following order. . The applicant to be released on bail in the sum of Rs.30,000/- with one or two sureties to make up the said amount, subject to condition that he shall report to the concerned police station every Saturday between 7 and 8 pm till conclusion of the trial. . 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 without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)