1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 912 OF 2009 Anilbhai Mulchand Gangvani .... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. Shirish Gupte,Senior Counsel i/b Mr. S.S. Kaushik for the applicant. Mrs. M.H. Mhatre, APP for the State. ----- CORAM : V.M. KANADE, J. DATE : 4th March, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under section 307 read with section 34 of the Indian Penal Code, section 3 and section 25 of the Arms Act and under section 37(1) and section 135 of the Bombay Police Act. It is alleged that the applicant and the complainant were friends. They had come to Ulhasnagar and at night, after drinking alcohol, applicant demanded Rs 5000/- from the complainant. Later was it was reduced to Rs 2000/-. However, when the complainant expressed his 2 inability to pay even the said amount, applicant took out a country- made revolver and fired shot. As a result, the complainant was injured by the pillets on his right arm and lower back. Charge-sheet has been filed. There are no criminal antecedents against the present applicant. The incident appears to have been taken place all of a sudden. Since charge- sheet is filed and investigation is over, continued detention of the applicant, in my view, is not necessary. Though injuries are grievous and are pillet injuries, it is difficult to say whether the said offence would constitute an offence under section 307 of the Indian Penal Code. 3. Under these circumstances, applicant be released on bail in the sum of Rs 10,000/- with one or two sureties in the like amount. One of the sureties shall be a local surety. He Applicant shall not threaten the complainant or any other prosecution witnesses. 4. Trial Court shall not be influenced by by the observations made by this Court while deciding this application for bail as these observations are prima facie in nature and it shall decide the case on merits and in accordance with law. 5. Application is disposed of. (V.M. KANADE, J.)