NAGPUR BENCH : NAGPUR v. State of Mah. )

Mr. A.A. Sonak, Advocate for Applicants. Mrs. K.S. Joshi, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 8, 2009 Heard. By the present application, applicants/accused arrested in connection with Crime No. 338/2009 registered with Police Station Sitabuldi, Nagpur on 18.11.2009 upon the FIR lodged by waiter of Alka Beer Bar regarding the incident occurred in the said hotel in a night and during which the Bar owner Pawan Chawala was allegedly assaulted by six customers with one of them assaulting him by some object on the head. The perusal of the case diary reveals that neither the first informant nor the injured was knowing the assailant. The said aspect considered along with the statement made by the learned APP that during the TI parade both the applicants have not been identified by the injured and the statement made by the learned counsel for the applicants that injured is out of danger, is also found supported by the fact of participation of the injured in the TI parade and so also considering the fact 2 that only one of the assailants has used the weapon and injured has received only one injury on head, the applicants have made out a case for grant of bail as the said material prima facie fails to reveal their involvement for the commission of offence punishable for imprisonment of life or death. However, since the investigation is in progress, the incident had occurred at Beer Bar, it will be necessary to impose strict conditions. The prayer for bail will also deserve consideration in view of the submission of the learned counsel for the applicants that applicant no.2 is a student and has to appear for the examination. Hence the applicants are directed to be released on bail in connection with Crime No. 338/2009 registered with Sitabuldi Police Station, Nagpur, on each of them furnishing a PR bond in a sum of Rs.30,000/- with two sureties in the like amount and subject to the conditions that each of them (i) shall attend the I.O. everyday for the first 7 days in between 11 a.m. to 2 p.m. and thereafter as and when called by the I.O. by sending SMS upon their mobile number which they shall furnish to I.O. , (ii) shall not tamper the prosecution evidence collected so far, (iii) shall not commit any offence while being on bail granted by this order and (iv) shall not attempt to enter within the precincts of the Alka Beer Bar. Hamdast granted.