1 BAs : 1690.1691/2011 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1690 of 2011 Shri Hari Ram Rammurat Sahani .. Applicant -Versus- The State of Maharashtra & Anr. .. Respondents WITH CRIMINAL BAIL APPLICATION NO.1691 of 2011 Smt. Mandodary Omprakash Sahani .. Applicant -Versus- The State of Maharashtra & Anr. .. Respondents Mr. M.S. Hadi for applicants. Mr. S.A. Shaikh, APP for State. CORAM: SMT. R.P. SONDURBALDOTA, J. Date : 15th November, 2011. P.C.:- 1 This is common order on the two applications for bail. The applicants are accused in C.R. No. 191/2011 dated 18th September 2011 for the offences punishable under Sections 302, 323 and 504 read with 34 Indian Penal Code. The facts of the case seen from the report and the investigation 2 BAs : 1690.1691/2011 papers produced by the Investigating Officer are as follows : The complainant, Shakila Banu Shaikh is the resident of Indira Nagar Pipeline Area, Bandra (East), Mumbai residing along with her mother – Zubedabi (deceased), father Abdul Gafor, her son Sherali @ Sonu, daughter Khushboo and son Jummo. Complainant’s mother Zubedabi had installed one play machine on the wall of her house and hence number of children of that area used to come to play on the machine by inserting the coin in the machine. The applicant’s nephew namely Akash regularly came to play on the machine. On 17th September 2011 at about 11.30 hrs., there was quarrel between Akash and the son of the first informant, Sonu. Later at about 22.00 hrs., Akash and his cousin Manoj came to the house of first informant and started beating her son, Sonu by blows and kicks. The first informant and her daughter Khushboo tried to intervene in the quarrel but were pushed away by Akash. When mother of the first informant Zubedabi tried to intervene, Akash gave a hard blow on the left ear of Zubedabi, Manoj caught hold of her hair and hit her head on a big pipe. Consequently Zubedabi fell down and lay motionless. According to the first informant, in the meanwhile the father of Akash i.e. Hariram and mother of Manoj i.e. Smt. Mandodari had arrived there. They went away without helping Zubedabi. 3 BAs : 1690.1691/2011 2. Perusal of the FIR shows that the assault on Zubedabi was by Manoj and Akash and there are no allegation of assault by the applicants herein on her. Learned APP states that one of the eye witnesses has stated in his statement that the applicants had also assaulted Zubedabi. This is a solitary statement. Neither the first informant nor any other witness stated that there was any assault by the applicants on Zubedabi. The assault was only by Akash and Manoj. On a query from the Court, learned APP states that the investigation into the offence is complete and the Police is about to file charge-sheet in the matter. In that circumstances, there can be no difficulty in the applicants being released on bail. Hence, the application is allowed. 3. The applicants be released on bail in a sum of Rs. 10,000/- each with one surety in the like amount. The applicants shall attend Nirmal Nagar Police Station once a week for a period of six months from today. They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. The applicants shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)