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 NO.4699 OF 2008 APPLICATION NO.4699 OF 2008 APPLICATION NO.4699 OF 2008 Ananda @ Anil Shankar Khade .. Applicant Vs. The State of Maharashtra ... Respondents Mr.A.P.Mundargi,Sr.Counsel i.b Mr.Swapan Kode for Applicant Mr.R.V.Bansode for Complainant Mr.S.R.Shinde APP for State CORAM CORAM CORAM : V.M.KANADE, J : V.M.KANADE, J : V.M.KANADE, J DATED DATED DATED : 9th : 9th : 9th February, 2009 February, 2009 February, 2009 P.C. P.C. P.C. 1. Heard learned counsel appearing on behalf of the applicant, learned counsel for complainant and A.P.P. for the State. 2. The only role attributed to the applicant is that he assaulted one Hanmant Khade with a stick. The injury certificate discloses that the injuries were simple in nature and there were 3 contused wounds and the weapon used was a hard and blunt weapon like a stick. Taking into consideration the role attributed to the present applicant by more than one witness, the applicant deserves to be released on bail. The charge sheet has also been filed. The investigation is over. Cross complaints also have been filed by persons from the applicant’s group and 6 persons have been 2 released on bail for offences punishable under section 324 IPC. There is no other material on record that the applicant shared the common intention with other persons who had assaulted the deceased. In view of this, the continued detention of the applicant is not necessary. The applicant be released on bail on furnishing a bond of Rs.5000/- with one or two sureties in the like amount. He shall not threaten any of the prosecution witnesses. The trial Court shall not be influenced by any observations made by this Court while granting bail to the applicant since these observations are essentially of a prima facie nature. The trial Court shall decide the case on merits and in accordance with law. { V.M.Kanade, J } V.M.Kanade, J } V.M.Kanade, J }