1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1910 OF 2010 Mr.Irfan Isaq Shaikh )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. Madhukar Dalvi i/by Abhijeet Salve for the applicant. Mrs. M. H. Mhatre APP for the State. ---- Coram : R.S.MOHITE,J Date : 28 th April, 2010 PC 1 This is an application for grant of regular bail. The applicant is the original accused no.5 in Crime No.370/2009 registered by the Chembur police station for alleged offences under Sections 302, 324, 504, 141, 144, 147, 148, 149 & 34 of IPC & section 4 read with 25 of Arms Act and under Sections 37 (1)(2) & (3) of Bombay Police Act. The deceased is one Satish Bhalerao. It is the case of the prosecution that a chain of one girl was attempted to be robbed. She narrated the incident to the crowd and accused took it upon themselves to punish and one of the accused by name Babu Nigro went and obtained a sickle. Another co-accused was armed with the bamboo stick. They chanced upon the complainant and his friends and alleging that they were the thieves, beat them up. In so far as present applicant is concerned, it is an admitted position that he was not carrying any weapon. On perusal of post mortem notes the same indicates that there is only abrasion and the cause of death is reserved. Taking into account these facts, I am inclined to grant bail. It is therefore directed that pending his trial in connection with C.R.No.370/2009 registered by the 2 Chembur police station, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he reports to the I.O once a fortnight on every 1st and 3rd Mondays of each month till the disposal of the trial and subject to further condition that he does not tamper with the witnesses and remains present on all dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3