1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4699 OF 2009 Anwar @ Sameer Hamid Pathan ...Applicant vs. State of Maharashtra ...Respondent Mr.Avinash Kamkhedkar for the Applicant. Mrs.P.P. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 3, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested under Sections 302, 144, 149, 141, 324 read with 120B of the IPC and under Section 4(25) of the Arms Act and under Section 37(1) read with the provisions of the Bombay Police Act. The applicant was arrested on 2 25th April, 2009. Chargesheet has been filed. 3 It it alleged that the applicant is one of the assailants who had assaulted the deceased Rupesh Kore. There was no witness to the said incident. The applicant was not last seen together with the deceased. There is no recovery at the instance of the applicant. So called eye witness Mohan Hanumant Dasar in his statement states that he had learnt from the police that the applicant is one of the assailants. 4 Taking into consideration the aforesaid facts and circumstances of the case, the applicant is entitled to be released on bail. 5 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to the concerned police station once in a month. The trial court shall not be influenced by any of the 3 observations made by this Court while granting bail to the present applicant as the said observations are prima facie in nature. 6 The application is disposed of. (V.M. KANADE, J.)