* 1 * B.A.1658-2011 16.11.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1658 OF 2011 IN BAIL APPLICATION (EXHIBIT-11) IN SESSIONS CASE NO. 344 OF 2011 (in Bandra Police Station, C.R. No. 48/2011) Mohamed Sahid Hussen Sayyed ...Applicant/Accused no.8 V/s. State of Maharashtra (Through Bandra Police Station) .....Respondent/Orig. Complainant * * * * * Mr. Sushan Kunjuraman, Advocate for the applicant. Mr. J.P. Kharge, APP for the State-respondent. CORAM :- Smt. R.P. SondurBaldota, J. 16th November, 2011. P.C. :- 1. This application is for bail in Sessions Case No. 344 of 2011. The offences alleged against the applicant and his co-accused are offences punishable under Sections 141, 143, 147, 149, 302, 324, 326, 427 Indian Penal Code. All the other accused persons have been released on bail. The brief facts of the prosecution are that the applicant and co-accused Amjad * 2 * B.A.1658-2011 16.11.2011 assaulted deceased Zubair on the head with bamboo. After receiving the blows of bamboo, when Zubair fell down, accused Tanvir and Mohsin attacked him on the head with choppers. The assaults by the accused persons resulted into death of Zubair. The learned counsel for the applicant, submits that since all the other accused persons have been released on bail, the applicant is entitled to bail on parity. Learned APP seeks to argue that though accused, Tanvir and Mohsin had also assaulted Zubair with choppers on the head, as per the post-mortem report, the death was caused by assault of bamboo. Even if that argument is to be accepted, the applicant was not the only person to assault the deceased on his head with bamboo stick. Amjad, the other accused person who also gave bamboo blow on the head of the deceased has already been released on bail. Therefore the applicant’s case must be considered on par with the case of Amjad. The learned APP is unable to point out any difference in the role played by Amjad and the applicant. In the circumstances, the application is allowed. The applicant be released on bail in C.R. No. 48 of 2011 registered with Bandra Police Station in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount. The applicant shall report to the concerned police station on every Monday between 11.00 a.m. to 2.00 p.m. till further orders. He shall not directly or indirectly, make any inducement, threat or promise to any * 3 * B.A.1658-2011 16.11.2011 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 applicant shall not leave India without the previous permission of the Court. [SMT. R.P. SONDURBALDOTA, J]