1 cri.appln 5386-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5386 OF 2010 1. Mr.Subhash Shashikant Bhande, 2. Mr.Aniket Prabhakar Pednekar ...Applicants vs. The State of Maharashtra ...Respondent Mr.D.S. Manerkar with Mr.S.D. Bhujbal for the Applicants. Mr.Y.M. Nakhwa, APP for the Respondent-State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 14, 2010 P.C :- 1 Heard the learned Counsel for the applicants and the learned APP for the State. 2 Perused the FIR and other police papers. 3 The learned Counsel for the applicants contends that there is no evidence against accused no.2 and as far as accused no.1 is concerned, he is a young boy aged about 19 years and the injury 2 cri.appln 5386-2010 allegedly caused by him was not serious injury. 4 On the other hand, the learned APP for the State, on instructions from the Investigating Officer, states that applicant no.1 is involved in two other cases under Section 307 registered at different police stations. 5 It appears that on 9th May, 2010, the first informant Naresh Mhaskar had some quarrel with applicant no.1, Subhash Bhande, at the time of marriage of a friend. The quarrel was stopped by brother of Naresh and his brother also slapped applicant no.1. On 10th May, 2010 at midnight when Naresh was chitchatting with his friend, applicant no.1 Subhash Bhande along with two or three unknown persons came there. Applicant no.1 Subhash stabbed on back of Naresh with a knife while the others assaulted him with wooden sticks and fist blows. After the incident, he was taken to hospital. Medical evidence shows that out of the injuries 3 cri.appln 5386-2010 suffered by him, one was shown as stab wound over left side back pelvic area size 15 cm x 5 mm of muscle deep. In view of the fact that the injury was muscle deep, it could not be dangerous to life. Other injuries appear to have been caused by the sticks. This was a result of the earlier quarrel which had taken place between the parties. There is no nothing to show that there was grievous injury. Both the applicants are young boys aged about 19 years. As far as applicant no.2 is concerned, he was not identified as one of the assailants during the test identification parade and therefore, bail cannot be refused to him. As far as applicant no.1, Subhash is concerned, prima facie, there is evidence against him. It is also pointed out that he is involved in two other cases registered under Section 307 but in both the cases, bail was granted to him by the Sessions Court. In the present case also, the injury allegedly caused by him was not dangerous. This was a result of earlier quarrel when brother of Naresh slapped the applicant no.1. Taking into 4 cri.appln 5386-2010 consideration, the age of the applicants and the other circumstances, I pass the following order :- 1) Applicant no.2, Aniket Prabhakar Pednekar, be released on execution of P.R. Bond of Rs.10,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. 2) Applicant no.1, Subhash Shashikant Bhande, be released on executing P.R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount with condition that he shall not enter within Vaghoba Wadi area and shall also report at Bhandup Police Station on every Sunday between 10 a.m. And 12 noon till the completion of the trial. 6 Application stands disposed of, accordingly. (J.H. BHATIA, J.)