1 BA 1468-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1468 OF 2011 Akhilesh Ghanshyam Patwa .Applicant V/s. The State of Maharashtra .Respondent Mr.S.V.Marwadi, Advocate, for the Applicant Mrs.A.A.Mane, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 30TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by a person, who is arrested in connection with C.R.No.85 of 2011 for the offences punishable under Sections 302, 324, 504 read with Section 34 of the Indian Penal Code registered with Malad Police Station and who is alleged to have hit brother of the first informant with an iron rod. Saijad Sherali Shaikh had gone to answer call of nature in an open space in 2 BA 1468-2011 Pandey compound. The applicant and two others were threatening the victim and asking him to go away from that place. They were asking him why he had come there. They were abusing and scuffling with him. The victim rang up his mother. Thereafter, the first informant is alleged to have rushed to help his brother. Thereafter, the applicant and his friends are alleged to have assaulted Saijad Shaikh. They hit on his head as also the first informant Mustaque Sherali Shaikh. The first informant states that his brother and parents had also rushed to the spot. The Injury Certificate of the first informant shows that the injuries were simple in nature. Saijad Shaikh died as a result of injuries sustained by him. Notes of postmortem show the surgically incised sutured wound on the head. According to the Doctors, cause of death was Bilateral lobar pneumoid or complication at head injury. Even according to the first informant, the present applicant had not inflicted any injury 3 BA 1468-2011 on the victim. Considering the genesis of the incident and nature of assault attributed to the applicant, since investigation is complete and charge sheet has already been filed, applicant's being in custody pending the trial may not be necessary though the learned APP has a very strong objection. Applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- till the trial is over. 3. Bail Application stands disposed of. (R.C.CHAVAN, J.)