Nuruddin @ Kallu Iqbal Shaikh and Anr. v. the State of Maharashtra

 FARAD CONTINUATION SHEET NO.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE
CRIMINAL APPLICATION NO.1785 OF 2006
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 Office Notes, Office
 Memoranda of Coram, Court’s or Judge’s orders
 appearances, Court’s orders
 or directions and
 Registrar’s orders
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 Mr.N.N.Gawankar h/for Arfan Sait
 for the applicants.
 Mr.Y.S.Shinde, APP for the State.

Coram : R.S.Mohite,J
 Date : 15.6.2006.
 PC
 1. This is an application for
 grant of bail. The applicants
 are shown as accused in
 C.R.No.I-313/2004 registered by
 the Ambernath police station.
 The deceased is one Prakash.
 Statements of 4 eye witnesses
 recorded implicates all the
 accused persons. It is the case
 of the prosecution that accused
 Iqbal Shaikh alongwith his 4
 sons viz. Anwar who is present
 applicant no.2, Musa, Hussain
 and Kallu knocked down the motor
 cycle of the deceased and
 thereafter assaulted him. These

 : 2 :

 persons were carrying dangerous
 weapons like choppers and sword.
 It is true that present
 applicant no.2 was not carrying
 anything but all the witnesses
 talked about his arriving in the
 same rikshaw and assaulting the
 deceased. This is a gruesome
 crime where one of the hands of
 the deceased was chopped at the

 elbow. Merely because present
 applicant was not carrying
 dangerous weapon does not mean
 that he cannot be convicted with
 the aid of Section 34 of IPC.
 In the circumstances, not a fit
 case for grant of bail.

 Application stands rejected.

 2. It is made clear that the