1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.855 OF 2010 Sachin S/o.Sarjerao Jagtap, Age-26 years, Occu-Contractor, R/o.Savedi, Ahmednagar, Tq. and Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, Tophkhana Police Station, Ahmednagar, Tq. and Dist. Ahmednagar RESPONDENT Mr.R.N.Dhorde, h/f. Mr.B.T.Bodkhe, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 09/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.432/2009, registered in Tophkhana Police Station of Dist. Ahmednagar for the alleged offence punishable u/s. 302, 307, 323, 324, 504, 506, 143, 147, 148, 149 of IPC and 3(1)(3)/ 135 of The Bombay Police Act and u/s. 4/25 of The Arms Act. 2. Heard learned counsel for applicant, and learned APP for State. 2 Also perused the papers of investigation till carried out. In connection with this offence, the applicant came to be arrested on the date of incident i.e. on 18/12/2009. 3. Perusal of papers of investigation discloses that the said offence came to be registered on the complaint of one Maruti Vitthal about the incident occurred in the night of 18/12/2009, as in the evening, because of earlier quarrel took place of his nephew with one Vishal Wakale, Vishal Wakale and his associates attacked on the residential premises of the complainant and his family members. Present applicant is one of that associate. During that attack, free fight took place between the group of Vishal Wakale as well as of the complainant. The allegations against present applicant is that he was holding sword in his hand and attacked on one Baban Shinde. The specific role attributed to this applicant is that with the help of sword in his hand, he assaulted Baban Shinde. The fact remains that participation of the applicant in the said evidence can not be rulled out. The only point for consideration is whether this participation at the hands of present applicant and the injuries, the result of assault, amounting to an ofence punishable u/s. 307 of IPC or other grevious offence. The medical certificate of the injured is on record which shows that the injured has sustained two injuries. The nature of the injuries is stab injuries. One is over the abdomen and second is on left lumbar region. The injured was admitted in the hospital on 18/12/2009 and was discharged on 21/12/2009. The injury certificate do not disclose any dislocation, fracture of any human 3 organ. In the premise, it can not be said that the injuries sustained are likely to cause death of the injured. During the course of submissions across the bar, it is urged that after discharge from the Government Hospital, the injured took treatment in the private hospital. What is the nature of that treatment, no papers are available to that effect. Considering the nature of injuries sustained by the injured because of assault of the present applicant, can not be termed as injuries likely to cause death of the injured even though the applicant has participated in the said free fight and riot. As the applicant is behind bars for more than 85 days, case is made out to enlarge the applicant on certain conditions. O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.20,000/- and on executing the PR bond in the like amount. 3. After released on bail, applicant is prohibited to enter into village Weduwadi, Tal. and Dist. Ahmednagar, till disposal of the trial. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.855-10