{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3033 OF 2010 Yogesh s/o Gorakhnath Patil & Others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. Y.V.Kakade, Advocate for the applicants Mr. D.V.Tele, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12 th August 2010 PER COURT: 1. By the present criminal application, the applicants have prayed to release them on bail in connection with Crime No. 128/2010 registered with Gangapur Police station, as the applicants are in jail since 19th July 2010. As all the attempts of the applicants, to get themselves released on bail, failed, they are before this Court seeking regular bail. 2. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation. 3. The present offence has been registered on the basis of complaint of one Shamim Qureshi. It is alleged in the complaint that on 19.07.2010 at about 9.00 p.m. the complainant received {2} information that his two brothers and a nephew were being assaulted by a group of persons. Thereafter the complainant reached at the spot and noticed that the applicants and others, holding deadly weapons like swords, iron rods, fighter, were assaulting Majid, Rqfiq and Abbas. Therefore the injured were taken to the District Hospital from where they were shifted to Ghati Hospital, Aurangabad. It is alleged that during the scuffle cash in sum of Rs.25,000/- was also removed by the accused persons from the person of Majid. It appears that in the same night the offence came to be registered and the applicants came to be arrested. 4. Learned counsel for the applicants prayed for bail on the ground of parity, as some of the accused are released on bail by the lower court. It is contended that there are no specific allegations against the applicants either in the complaint or in the statement of the eye witnesses and injured witnesses. According to learned counsel for the applicants, no deadly weapon is recovered at the instance of the applicant, though they are in jail since 19th July 2010. 5. Considering the submissions of learned APP, perused the papers of investigation. Since the arrest of the applicants from three applicants only sticks are recovered. So far as applicants No. 4 to 7 are concerned, nothing is recovered at their instance. Thus, it is clear that the applicants were not armed with deadly weapons, as alleged in the complaint. {3} 6. The next question, which requires consideration is that as to whether the applicants have used deadly weapons during the assault on the injured. From perusal of the medical certificates in respect of injuries sustained by the injured, it appears that the nature of the same is simple and can be caused due to hard and blunt object. Sword cannot be termed as a hard and blunt object. Nor there is any incise wound found on the person of any of the injured. Considering the nature of injuries, possibility that the injured might have been discharged after medical treatment, cannot be ruled out. The medical certificates of the injured persons are not suffice to attract offence punishable u/s 307 of the IPC. In the premise and considering the period the applicants have already undergone, case is made out to enlarge them on bail. 7. In the result. The application is allowed. All the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. Applicants are directed not to contact the prosecution witnesses. Applicants are further directed to give attendance in Gangapur police on every Sunday between 12-00 noon and 3-00 p.m. till filing of the charge sheet. Violation of this condition would entitle the prosecution to apply for cancellation of bail. [A.V.POTDAR, J.] drp/B10/criapln3033-10