1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4470 OF 2009 1.Balaso @ Ganapati S. Pawar 2.Rohan Dattatraya Powar ...Applicants Vs. The State of Maharashtra ...Respondent ----- Shri S.I. Ingale for Applicants MRs. S.D. Shinde- APP for State. ----- CORAM: V.M. KANADE J. DATED: 6TH NOVEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 302, 307, 325 r/w. 34 of the Indian Penal Code on 19th July, 2009. Charge sheet has been filed and the investigation is over. 2. The learned Counsel submitted that the Applicant has not assaulted the deceased and the only role attributed to the Applicant No.1 is that he had assaulted the Complainant with a sickle on the hand of the Complainant and the Applicant No.2 had assaulted the Complainant with an iron rod on his hand and finger. He further submitted that the Applicant No.2 1 was grievously injured and he had to be admitted in a hospital on account of the head injury . He submitted that however, the police had not taken counter complaint filed by the Applicants. 3. The learned APP for the State has fairly conceded that the Applicant had not assaulted the deceased -son of the Complainant. 4. It is an admitted position that there is a dispute between the Applicants and the Complainant in respect of their share in the said land. In the complaint, it has also been mentioned that these Applicants had not assaulted the deceased. 5. Since no role is attributed to the present Applicants of assault on the deceased and the only injury which was inflicted on the Complainant by the present Applicants was on his hand, it does appear that the Applicant, prima facie, did not share the intention of the other accused in assaulting the deceased. It is also apparent that the Applicant No.2 had also received head injury and had to be admitted in a hospital and was taking treatment for about 15 days. At this stage, it is not possible to know as to who are the actual assailants and aggressor in the said incident. The incident in question, is taken place in the house of the Complainant where the Complainant and his son were having a meeting with the mother of the Applicants. The Applicants, under these 1 circumstances, therefore, are entitled to be released on bail. 6. The Applicants be released on bail in a sum of Rs. 5,000/- each with one or two sureties each in the like amount. They shall report to Gandhinagar Police Station, Dist. Kolhapur once in a month and not threaten the prosecution witnesses. 7. Application is disposed of. (V.M. KANADE J.)