IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1438 OF 2007 IN CRIMINAL APPEAL NO. 1337 OF 2007. Buttu Gulam Rasul Khan & Ors... ...... ......Applicants V/s State of Maharashtra ...... ....Respondent. Mr.S.G.Rajput, Adv. For the applicants. Mr.J.P.Yagnik, APP For the respondent. CORAM: A.P.DESHPANDE, J. 21/2/08 PC: Learned counsel after arguing for some time submits that he is not pressing the application for bail on behalf of applicant Nos. 1 and 2 who are original accused Nos. 1 and 2 and are real brothers. Whereas applicant No.3 is nephew of applicant Nos. 1 and 2 and applicant No.4 is friend of applicant No.3. All the applicants are convicted for the offence punishable under section 307 read with section 34 of IPC, sentenced to suffer RI for 5 years and pay fine of Rs.500, in default to suffer RI for two months. They are also convicted for the offence punishable u/s.135 of the Bombay Police Act. Accused No.1 is also convicted for offence punishable u/s.4 read with section 25 of Arms Act. It is the case of the prosecution that the applicant Nos. 1 and 2 were against the marriage of their sister Rashida with the injured complainant Javed Ali and hence 1 the applicants attacked the complainant. The evidence of the injured clearly reveals that accused No.2 assaulted him with chopper whereas no overtact is attributed to the present applicant Nos. 3 and 4 and what is stated by the injured is that applicant Nos. 3 and 4 gave fist and kick blows to him. The chopper has been recovered from the possession of applicant No.1. After arguing for sometime learned counsel for the applicant does not press the application for applicant Nos. 1 and 2 viz. Original accused Nos. 1 and 2. Perused the judgment. All the applicants were on bail during the trial and have not misused the liberty. Having regard to the fact that present applicant Nos. 3 and 4 were on bail and as they are alleged to have assaulted the complainant by fist and kick blows I deem it fit to release them on bail. In the result application for bail on behalf of applicant Nos. 1 and 2 stands rejected whereas applicant Nos. 3 and 4 by name Irfan Usman Khan and Suraj @ Pintu Komal Jaiswal are directed to be released on bail on the same terms and conditions on which they were released on bail during the trial subject however that the applicant Nos. 3 and 4 shall attend Shivaji Nagar police station, Govandi on every alternate Saturday twice a month till the decision of the appeal. Application thus stands disposed of. 21.2.08 2