1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5612 OF 2010 1 Dilip B. Kasare 2 Pravin S. Mohite 3 Agnelo D’Souza ...Applicants. v. The State of Maharashtra ...Respondents. Mr.P.M.Pradhan i/by Ajit Ram Pitale, advs. For the Applicants. Smt.P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 21, 2010 P.C. 1 Heard the learned counsel for the parties. Perused the police papers. 2 According to the prosecution on 14.11.2010 a cultural programme was arranged at Patkar compound, Tulshetpada. Complainant Vishal Ashok Shingare aged about 22 years, alongwith two other boys, also attended the programme. They were chitchatting among themselves. Accused no.1, who was one of the organisers, got annoyed. He threatened said Vishal. When Vishal asked the accused no.1 about the cause for abusing. While the accused nos.2 and 3 began to beat him with kicks and fist blows, accused no.1 assaulted on his head with a bamboo and caused injuries. On the basis of this crime no.467 of 2010 2 under Section 323, 326, 504 r/w Section 34 of the I.P.C. was registered at Bhandup police station. Applicants seek bail. The learned counsel for the applicants contends that no offence under Section 326 is made out while the learned APP contends that serious injuries were caused. 3 On perusal of the medical certificate, it appears that no injury was caused to any bone of the said Vishal. A single blow was given on the head with bamboo, which caused contused lacerated wound but no fracture was caused. Other two accused assaulted him with kicks and fist blows. Prima-facie, no grievous hurt was caused to anybody. It is difficult to understand on what basis, police had registered the offence under Section 326 of the I.P.C. Prima-facie offence under Sections 323 or 324 of the I.P.C. could be registered. 4 For the aforesaid reasons, applicants be released on their executing PR of Rs.10,000/- each with surety in the like amount with condition that they shall not misuse the bail. (J.H. BHATIA,J.)