..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3003 OF 2008 Shri Jameel K. Merchant. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.Shirish Gupte, Sr.Counsel h/f. Milan Desai, Adv. for the applicant. Mr.Mubin Solkar, Adv. for orig.complainant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 19th September, 2008. DATED : 19th September, 2008. DATED : 19th September, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.262 of 2007 of Malwani Police Station. The said case is mainly under Section 307 of IPC. 3. The investigation is over and the charge-sheet has been filed. It is the prosecution case that the applicant along with others assaulted Shoeb, Mohammed Shafiq, Fakrudding Shaikh, Thomas Kurvala and Zakir ..(2).. Hussain. 4. As far as Shoeb, Mohammed Shafiq, Fakrudding Shaikh, Thomas Kurvala and Zakir Hussain are concerned the medical certificates show that the injuries sustained by these witnesses are simple in nature. 5. As far as Shoeb is concerned, two certificates have been relied upon by the prosecution. The first is injury certificate dated 31.10.2007 issued by Shri.H.B.M.G. Hospital. The said certificate does not show that any of the injury sustained by the Shoeb was serious or grievous in nature. Reliance is also placed on another certificate issued by Hinduja hospital. As far as this certificate is concerned, it is an admitted fact that the incident has taken place on 7th October, 2007. However, the certificate of Hinduja hospital shows the date as 5th October, 2007. The learned Counsel for the complainant has submitted that the date is wrongly typed and infact the certificate has been issued on 26th October,2007, for which reliance is placed on the date below the signature ..(3).. of the Doctor. However, on perusal of the said certificate it is also seen there is no mention that the injuries are serious or grievous in nature. 6. As far as witness Shoeb is concerned, he has stated that while he was standing near the Minar, some one assaulted him from behind on the left side. When he turned and looked back, he saw that present applicant had a weapon like knife in his hand and the applicant handed over the said weapon to co-accused Vakil and the present applicant went away. Thereafter Vakil assaulted Shoeb on his chest. Out of the five injuries sustained by Shoeb, two injuries are on the chest. As far as these injuries are concerned, they cannot be attributable to the applicant. As the applicant had left the spot before these two injuries were inflicted it cannot be said that as far as these injuries are concerned, he shared any common intention with the accused who caused these injuries. ..(4).. 7. Mr.Solkar submitted that one fracture was seen to the 12th rib and one fracture on the iliac region of Shoeb. The learned APP states that these medical certificates are not part of the record of the investigating agency. Even assuming that there is fracture to the 12th rib, the said injury can be attributable only to co-accused Vakil. In view of the statement of injured Shoheb & Ali Hasan, both these injuries cannot be attributed to the present applicant. 8. The learned APP has pointed out that the applicant is involved in one other case i.e. C.R. No.209 of 2000 of Cuff Parade Police Station. The said case is under Sections 143, 147, 294, 353, 323 of IPC. However, looking to the role attributed to the applicant in the present case, I am inclined to grant bail to the applicant. 9. The applicant - Shri Jameel K. Merchant to be released on bail in the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one or two sureties to make up the said amount. The said sureties ..(5).. shall be local sureties. The applicant shall stay out of the jurisdiction of Malwani police station for a period of one month from today and thereafter the applicant shall report to Malwani police station twice in a week, till conclusion of the trial. 10. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)