jpc ba825-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 825 OF 2011 Asif Ahmed Shaikh ... Applicant Versus The State of Maharashtra ... Respondent Mr. Pravin Singhal i/by N. N. Patil for the applicant Mrs. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 29th June, 2011. P.C. : 1. Heard Mr. Singhal, the learned advocate for the applicant and Mrs. Newton, the learned APP for the State. 2. Investigating Officer has caused production of the case diary. I have gone through the same. 3. The contention that there exists no prima faice case against the applicant, cannot be accepted. It appears that the applicant and the other accused could be traced by the investigating agency on the basis of the call records in respect of their mobile/telephones and that of the deceased, as well as the one registered in the name of the father of the applicant. jpc ba825-11.sxw 2 4. The applicant appears to have taken the other accused- one Sanjay and another in a car, which had come to his father's garage for carrying out certain repairs. The applicant appears to be very much present at the time of incident of assault on the victim and the subsequent throwing away of his dead body. However, Mr. Singhal submits that the applicant is a young person of 20 years with no antecedents. He submits that the applicant is a student of F.Y.B.Com. and was due to appear for examination in the month of May, 2011. He submits that the parents of the applicant are present in Court. They are indeed present and I have seen them. It appears that the father of the applicant is making his livelihood by honest means. 5. What is significant, is, that, other two accused- Sanjay and another- are not yet arrested. The applicant continues to be in custody since 23rd October, 2010. The involvement of the other accused , as is reflected from the charge sheet, is certainly more than that of the present applicant. When those persons could not be arrested by the police, though a period of more than eight months has elapsed from the date of the offence and when only the applicant is arrested, a sympathetic view, in favour of the applicant, can very well be taken. 6. Considering all the relevant aspects of the matter i.e. jpc ba825-11.sxw 3 i. alleged role played by the applicant, ii. that the other accused whose role appears to be greater, have not yet been arrested iii. that the applicant is in custody since October, 2010 and the trial has not yet commenced, iv. that there is no past criminal record against the applicant v. Concern felt for the applicant by his parents, I am inclined to give one opportunity to the applicant of availing of liberty. 7. The applicant is ordered to be released on bail in the sum of Rs. 50,000/-(Rupees fifty thousand only) with one surety in like amount, or two sureties in the sum of Rs. 25,000/- each. 8. The applicant shall attend the concerned Police station and make himself available as and when required by the Police. (A.M. THIPSAY, J.)