[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3576 OF 2008 1. Karim @ Papu Rahman Shaikh Age 28 years, Occ: Driver 2. Rahim Rahman Shaikh Age 30 years, Occ: Service Both are r/o New Gautam Nagar, Govandi Mumbai, At present lodged in Thane Central Prison, Thane ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Sanjeev P.Kadam Advocate for Applicants Mr.A.S.Shitole APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 2, 2008 DATE : DECEMBER 2, 2008 DATE : DECEMBER 2, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.175 of 2008 of Devnar Police Station. The said case is mainly under Section 302 of IPC. 3. According to the prosecution, the applicant along with other accused assaulted Nanne. Nanne sustained four injuries, two of the injuries are contusions and the remaining two injuries are [-2-] abrasions. The abrasions are on the wrist and elbow. Contusions are on the neck and face. As far as applicant no.1 is concerned, the role assigned to him is assault by belt. As far as applicant no.2 is concerned, role attributed to him is that he assaulted with fist blows. The learned APP pointed out that statements of witnesses show that applicant no.2 was holding a hammer at that time, however, the learned APP was not able to point out any material to show that applicant no.2 assaulted the deceased with the said hammer. In this view of the matter, I am inclined to grant bail to the applicants. 4. Each of the applicant nos.1 and 2 i.e. applicant no.1-Karim @ Papu Rahman Shaikh and applicant no.2-Rahim Rahman Shaikh be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) each with one or two sureties to make up the said amount. The applicants to report to Devnar Police Station, once in a week till conclusion of the trial. 5. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]