IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1145 OF 2009 Ayub Sardar Sharif ...Applicant Vs. The State of Maharashtra ... Respondent --- Smt. Mallika A. Ingale for Applicant Mrs.M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 20TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 302, 338, 34 of the Indian Penal Code. 3. It is alleged that the Applicant along with three others had assaulted the deceased and that the Applicant was holding the deceased while other assaulted. The chargesheet has been filed in this case. 4. The learned Counsel appearing on behalf of the Applicant submitted that the wife of the deceased was informed by the victim who had also assaulted that three persons were assaulting the deceased at that time the wife of the deceased went to the spot and found the deceased lying in injured condition on the ground. She has also not taken the name of the present Applicant. It is submitted that one witness has stated that before the assault, she had seen the Applicant holding the razer in his hand, however, she did not witness the actual incident. It is submitted that there is no material on record to indicate that the Applicant was present when the said incident took place. 5. The learned APP for the State submits that blood stained clothes were recovered at the instance of the present Applicant after 15 days and that the Applicant was identified by the Complainant though she had not witnessed the said incident. 6. There is much substance in the submission made by the said learned Counsel for the Applicant. There is no adequate material to indicate the presence of the Applicant at the time of assault. The chargesheet has already been filed. The Applicant, under these circumstances, deserves to be released on bail subject to certain conditions being imposed by this Court. (i) The Applicant be released on bail in FIR No.201 of 2008 registered with Dindoshi Court in a sum of Rs.5,000/- with one or two sureties in the like amount. (ii) The Applicant shall, however, not enter the jurisdiction of Dindoshi Police Station till pending the hearing and final disposal of the trial. (iii) The Applicant shall attend the Dinshoshi Court during the trial or whenever the matter is on board in the said Court. (iv) The Applicant shall give his new address to the Superintendent of Jail before he is released on bail and shall report to the nearest police station once in a week. (v) The Applicant shall not threaten any prosecution witness. If any complaint is received by the Police, bail granted to the Applicant shall be cancelled. 7. Application is disposed of. V.M. KANADE J.