IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4244 OF 2008 CRIMINAL APPLICATION NO. 4244 OF 2008 CRIMINAL APPLICATION NO. 4244 OF 2008 Mr.Janardan Aitwar Koli ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.M. Saraogi for the Applicant. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested on 13th August, 2008 for an offence punishable under Section 307 of the IPC. 3. Counsel for the applicant invited my attention to the injury certificate issued by the Doctor which indicates that the injuries are not grievous and that the complainant was discharged by the hospital on the same day. It is submitted that the charge-sheet is filed and the applicant is behind bars from the date of - 2 - his arrest. 4. Prosecution case is that the applicant out of frustration assaulted the complainant who was appearing on his behalf as an Advocate in the Small Causes Court. The grievance of the applicant was that he had not attended his case properly and therefore, he initially assaulted him with beer bottle on the back of his head and thereafter assaulted him with a knife on his hand, stomach and chest. The medical certificate discloses there was no incise wound caused on the chest or on the stomach but there were some injuries on the index and other finger. 5. The learned APP for the State submits that the complainant was admitted to Bombay Hospital after he was discharged from the Government hospital and he had taken a treatment for a period of 15 days. She further submits that the trial has already began. 6. In my view, since charge-sheet is filed and the nature of injury which suffered by the complainant do - 3 - not appear to be grievous injury, no purpose would be served in detaining the applicant in jail any further. 7. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall report to L.T. Marg Police Station once in a week. Cash bail may be given by the applicant initially and within two weeks thereafter, he shall furnish P.R. Bond alongwith one or two sureties in the like amount. 8. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)