1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 31/2011 ( Nitin Babanrao Godbole .vs. State of Maharashtra through PSO PS Lakadganj, Nagpur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S. Raisuddin, Advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : JANUARY 28, 2011 Heard. At the hearing of this application, the learned APP has candidly submitted that though he was not able to file a reply in view of the investigating officer having not attended him up-till yesterday, but is opting to argue the matter in view of the peculiar facts and circumstances of the case. The application for regular bail made by the applicant/accused charge sheeted by Lakadganj Police Station in connection with Crime No. 298/2009 registered for offence under Section 326 of IPC was rejected by the trial Court on the count of his involvement being borne out for commission of such offence. It is curious to note that the said offence was registered regarding offences committed in the 2 incident which had occurred on 14.10.2009 in which the applicant is said to have assaulted one Sk. Firoz by means of knife. The material in the charge sheet submitted reveals that the victim had suffered only one injury. The same also reveals that after giving a single blow, the applicant/accused allegedly fled away. It is further significant to note that during the pendency of the investigation, the applicant was enlarged on anticipatory bail and he was on such a bail up-till 19.10.2010 i.e. for a period of about 6 to 7 months. He went into custody after rejection of application for regular bail preferred by him after submission of the charge sheet. Though perusal of the material in the charge sheet prima facie reveals involvement of the applicant in assaulting the victim by means of knife, considering the nature of injuries caused prima facie there appears substance in the submission of the learned counsel for the applicant that even acceptance of the said material as it is, the offence may not fall within the parameters of Section 326 of IPC. Having regard to the said aspect, nature of injuries sustained by the victim and even the offence alleged against the applicant being not punishable with death or imprisonment for life and himself being on anticipatory bail during the pendency of the investigation and misuse of the same being reported, he has made out a case for grant of bail. Hence the order. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.30,000/- with one surety in like 3 amount and subject to the conditions that applicant - (i) shall attend the said Police Station on every Monday for first month in between 11.00 am to 2.00 pm and thereafter on first Monday of every month until further order, (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai