SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5525 OF 2010 1 Shaikh Salim Shaikh Wahab 2 Firoz Wahab Deshmukh ...Applicants. v. The State ...Respondents. Mr. Z.M.Avhad , adv. For the Applicant. Smt.R.V.Newton, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 18, 2011. P.C. 1 Heard the learned counsel for the applicants and the learned APP for the State. Perused the police papers filed with the chargesheet. Present applicant no.2 is the original accused no.1. Applicant no.1 is the original accused no.6. They are arrested in crime no.92 of 2009 registered by Azad Nagar Police Station, Malegaon for the offences punishable under Sections 302 r/w Section 120-B in connection with murder of one Pramod Bhika Shewale. As far as applicant no.2 Firoj Wahab is concerned, he appears to be the actual assailant. As far as applicant no.1 Shaikh Salim is concerned, he is said to be one of the conspirators. The learned APP could not point out any evidence to show that the applicant no.1 Salim Shaikh was part of the conspiracy. It is not even prosecution case that he himself was assailant. The learned counsel - 2 - for the applicants point out that some of the other accused, who are also shown as conspirators are already granted bail by this Court. 2 In view of the above, applicant no.1 Salim Shaikh be released on his executing PR of Rs.15,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence shall attend Azad Nagar Police station on 1st and 3rd Monday between 11 a.m. to 1 p.m. till the disposal of the trial. 3 Application to the extent of applicant no.2 Firoz Wahab stands rejected. (J.H. BHATIA,J.)