1 APPA.1679-2011.sxw acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1679 OF 2011 IN CRIMINAL APPEAL ST.NO. 1613 OF 2011 Shahid Iqbal Shaikh ...Applicant. Vs. The State of Maharashtra & Anr. ..Respondents. ----- Mr. G.L. Thonge, for the Applicant. Mrs. AA. Mane, A.P.P. for the State. ---- CORAM: M.L. TAHALIYANI, J. DATE : DECEMBER 30, 2011. P.C.: 1. Heard Mr. Thonge, learned counsel for the Applicant and Mrs. Mane, learned A.P.P. on behalf of the State. 2. The applicant was original accused no.2 in the Sessions Case No.99/2010. He is convicted for the offence punishable u/s 326 r/w Section 34 of the Indian Penal Code. His role is described in paragraph 8 of the judgment dated 2.8.2011. The prime accused appears to be accused no.1. 2 APPA.1679-2011.sxw Applicant/Accused No.2 had used Bamboo stick at the time of alleged assault. Though originally there was a charge u/s 307, the applicant and other accused have been convicted for the offence punishable u/s 326 r/w Section 34 of the Indian Penal Code. The applicant was on bail through out the trial. 3. Considering the fact that the applicant was earlier on bail and his role, as compared to the role of accuse no.1, is less serious, I am inclined to grant bail to the applicant. Hence, I pass the following order: (i) Substantive sentence imposed on the applicant shall remain suspended during the pendency of the appeal. (ii) The applicant shall be released on bail in the sum of Rs. 15,000/- with one solvent surety in the like amount or two sureties in the sum of Rs.7500/- each, on payment of fine amount imposed by the Trial Court. (iii) The applicant shall not leave the territorial jurisdiction of the Municipal Corporation Greater Mumbai without prior permission of this court until further orders. 3 APPA.1679-2011.sxw 4. Criminal Application No.1679 of 2011 is accordingly disposed of. (M.L. TAHALIYANI, J.)