1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO.2716 OF 2007 NO.2716 OF 2007 NO.2716 OF 2007 Dr.Rizwan Dr.Rizwan Dr.Rizwan Mohammed Mohammed Mohammed Naki Khan .. Applicant Naki Khan .. Applicant Naki Khan .. Applicant vs vs vs The The The State of Maharashtra.. State of Maharashtra.. State of Maharashtra.. Respondent Respondent Respondent Mr.G.H.Keluskar Mr.G.H.Keluskar Mr.G.H.Keluskar for for for Applicant Applicant Applicant Mr.Rajesh Mr.Rajesh Mr.Rajesh More A.P.P.for Respondent More A.P.P.for Respondent More A.P.P.for Respondent CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 31ST AUGUST, 2007 31ST AUGUST, 2007 31ST AUGUST, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the Heard learned counsel for the applicant and the learned learned learned A.P.P. A.P.P. A.P.P. 2.2.2. Perused the application and the material on Perused the application and the material on Perused the application and the material on record. record. record. 3.3.3. Learned counsel for the applicant is seeking Learned counsel for the applicant is seeking Learned counsel for the applicant is seeking bail bail bail in C.R.No.77/2007 of Bhoiwada police station in C.R.No.77/2007 of Bhoiwada police station in C.R.No.77/2007 of Bhoiwada police station under under under sections 326, 34 of IPC. sections 326, 34 of IPC. sections 326, 34 of IPC. 4.4.4. According to the applicant, a dispute arose According to the applicant, a dispute arose According to the applicant, a dispute arose between between between the brother of the applicant and the brother of the applicant and the brother of the applicant and complainant complainant complainant on the eve of Corporation elections. on the eve of Corporation elections. on the eve of Corporation elections. The The The role played bythe applicant is that he gave a role played bythe applicant is that he gave a role played bythe applicant is that he gave a blow blow blow of knife on the chest and back of the of knife on the chest and back of the of knife on the chest and back of the complainant complainant complainant inflicting simple injuries. There are inflicting simple injuries. There are inflicting simple injuries. There are no no no criminal antecedents so far as the applicant is criminal antecedents so far as the applicant is criminal antecedents so far as the applicant is concerned. concerned. concerned. No fruitful purpose would be served by No fruitful purpose would be served by No fruitful purpose would be served by keeping keeping keeping the applicant in custody. No custodial the applicant in custody. No custodial the applicant in custody. No custodial interrogation interrogation interrogation of the applicant is required. The of the applicant is required. The of the applicant is required. The 2 charge charge charge sheet has already been filed. sheet has already been filed. sheet has already been filed. 5.5.5. In the above view of the matter, the applicant In the above view of the matter, the applicant In the above view of the matter, the applicant be be be enlarged on bail in C.R.No.I-77/2007 in the sum enlarged on bail in C.R.No.I-77/2007 in the sum enlarged on bail in C.R.No.I-77/2007 in the sum of of of Rs.25,000/- with one or two sureties to make up Rs.25,000/- with one or two sureties to make up Rs.25,000/- with one or two sureties to make up the the the said amount on the following terms and said amount on the following terms and said amount on the following terms and conditions conditions conditions : : : (a) (a) (a) that he should report to Bhoiwada police that he should report to Bhoiwada police that he should report to Bhoiwada police station, station, station, Bhivandi once in a week i.e. on Bhivandi once in a week i.e. on Bhivandi once in a week i.e. on every every every Friday between 3.00 to 5.00 p.m. Friday between 3.00 to 5.00 p.m. Friday between 3.00 to 5.00 p.m. (b) (b) (b) the applicant shall not, directly or the applicant shall not, directly or the applicant shall not, directly or indirectly indirectly indirectly make any inducement, threat or make any inducement, threat or make any inducement, threat or promise promise promise to any person acquainted with the to any person acquainted with the to any person acquainted with the facts facts facts of of of the case so as to dissuade him from the case so as to dissuade him from the case so as to dissuade him from disclosing disclosing disclosing such such such facts to the Court or to any facts to the Court or to any facts to the Court or to any police police police officer; officer; officer; (c) (c) (c) the applicant shall not pressurise the applicant shall not pressurise the applicant shall not pressurise witnesses witnesses witnesses and that he shall co-operate with and that he shall co-operate with and that he shall co-operate with the the the Investigating agency if required. Investigating agency if required. Investigating agency if required. JUDGE JUDGE JUDGE