1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4153 OF 2009 Mohammed Javed Mohammed Siddik Sayyad........ Applicant versus The State of Maharashtra ........Respondent. Mr. A.H.H. Ponda adv. for the Applicant Mr. J.P. Yagnik APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 15th September,2009. P. C.: 1. Heard the learned counsel for the applicant. This is an application moved under section 439 of Cr.p.C. Seeking bail in C.R. No. 125/09 for offences under sections 307, 324, 323, 504, 427 read with 34 of IPC. Perusal of the FIR lodged by the brother of the injured reveals that the first informant had been to a garage with a view to repair the speaker of a Scoda car at which point of time, the father of the present applicant was replacing or repairing a tyre of a car. The first informant tried to park the car very near to the car which was being attended to by the father of the applicant. A verbal altercation took place. It does appear that 2/3 persons from both the sides were involved in the same. According to the learned counsel for the applicant, as the father of the present applicant was being assaulted and/or abused by the first 2 informant and the injured person, in a heat of moment without any pre-meditation, the applicant has assaulted the first informant on the shoulder, and one Sarfaraz brother of the first informant on head by an iron rod. Sarfaraz the injured did receive head injury on account of the assault by the present applicant and consequent upon the said assault, he fell down and came to be admitted in the hospital. Injury certificate dated 30-7-2009 reveals that the injured had suffered fracture of the skull and had undergone the treatment and came to be discharged on 10-6-2009. 2. The learned APP on instructions from the investigating officer submits that the health of the injured is all right and there are no chance of escalation of the gravity of the offence. It is also contended by the learned counsel for the applicant that never in the past the applicant has ever been involved in commission of any crime. The said statement is admitted to be correct by the investigating officer, and thus it can be safely said that there are no criminal antecedents to the applicant. 3. Having regard to the totality of the facts and circumstances, I am of the view that no purpose whatseover would be achieved by continued detention of the present applicant in custody. It does not prima facie appear that there are any chances of applicant absconding or fleeing from justice and at any rate presenfce of the applicant can be secured by imposing appropriate condition. 4. In the result, I direct that the applicant be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. The applicant shall attend J.J.Marg 3 police station once a week on every Saturday in between 4 to 6 p.m. for a period of three months from today 5. At this stage, the learned counsel for the applicant submits that for a period of three weeks the applicant be permitted to deposit the bail amount in cash and during the period of three weeks the applicant would arrange and furnish surety. Permission granted for cash deposit of the bail amount for a period of three weeks. Application is disposed of. (A. P. Deshpande, J.)