{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3861 OF 2009 Ravindra s/o Chimaji Shinde Age-42 yeas, Occ-Labour R/o Isalak Nimbalak, Tq & Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs.S.S.Jadhav, Advocate for applicant Mr.N.B.Patil, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd December 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.140/2009 registered with MIDC, Police Station, Ahmednagar for an offence punishable u/s 143, 147. 148. 149, 307. 324, 323, 504, 506 of the Indian Penal Code and u/s 135 and 37 (1) (3) of the Bombay Police Act. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Also perused the papers of {2} investigation, carried out till today. 3. Learned counsel for the applicant has drawn my attention towards the allegations in the complaint against the present applicant. According to learned counsel for the applicant, allegations against the applicant are that he has assaulted the complainant with fists and kick blows. It is urged that the applicant was not holding any weapon, much less deadly weapons. It is urged that though the applicant is held to be a member of an unlawful assembly yet from the medical certificate it appears that the injuries found on the person of the complainant, cannot attract an offence u/s 307 of the Indian Penal Code, however at the most an offence against the applicant can be said to be u/s 324 and 323 of the IPC. It is urged that the applicant is in jail since 29th September 2009 and now his custody is not necessary and hence it is prayed to release him on bail. 4. Application is opposed by the APP on the ground that two brothers of the applicant, who are accused in this offence, are still absconding. 5. Considering the submissions and allegations against the applicant it is clear that it is not alleged that the applicant was holding any weapon or used any weapon during the assault. Medical certificate indicate that the injuries found on the person of the complainant cannot be attributed to the applicant. In the {3} premise and in view of the fact that the applicant is in jail for more than 60 days, case is made out to enlarge the applicant on bail. 6. In the result, application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. Applicant to give attendance to MIDC, Ahmednagar police station on every Sunday between 11.00 a.m. and 1 .00 p.m. till the filing of the charge sheet. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3861-09