1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2383 of 2009 Mister Miya Pawar Vs. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.M. Rizwy, Adv for Applicant Mr D.P. Thakare, APP for State Coram: A.P. Bhangale, JJ Dated : 28th July 2009 1. The present applicant is seeking bail in connection with F.I.R. No. 31/09 reported to Samudrapur Police Station, District-Wardha on 19-4-2009, under Sections 363, 366, 376(2)(g), 342, 324, 307, 506 r/w 34, Indian Penal Code. The information was lodged by one Smt. Fulibai Toranja Pawar. It is alleged that at the time of incident applicant was armed with Axe and he had assaulted Gundibai and in the result, she was injured. Regarding serious accusation of alleged rape, it is contended by learned Advocate for the applicant that the investigating agency itself in para 4 of the reply accepted the fact that allegation in respect of rape was only against Raju Pawar, who subsequently committed suicide. It is same Raju Pawar, who was attributed with active role of using weapon Jambiya to assault one Ramesh repeatedly. Though it is alleged that applicant was armed with Axe and assaulted Gundibai, in the injury certificate, the description of injuries given by Medical Officer Gramin Rugnalaya Samudrapur, only described one abrasion possible by sharp object. Thus it is 2 argued that had applicant intended to commit murder by means of Axe, the description of injury would even otherwise and not a simple injury like abrasion. It is not disputed by learned Additional Public Prosecutor. 2. It is further contended that the applicant is labour by occupation having fixed residence at Arambha, Tahsil-Hinganbhat, District-Wardha and he has wife and four children to support in the family. Considering these circumstances, I am inclined to grant conditional bail as follows; The applicant be released upon executing personal bond in the sum of Rs.25,000/- ( Rs. Twenty five thousand ) with surety in the like amount in Crime No. 31/2009 reported at Samudrapur Police Station, District Wardha under Sections 363, 366, 376(2) (g), 342, 324, 307, 506 r/w 34, Indian Penal Code. Provided further that the applicant shall not communicate any witnesses concerned with the case. The applicant shall supply his fixed address with phone number, if any, to the Investigating Officer and to the trial Court. The applicant shall not tamper with any witness in any manner. The applicant shall not commit any offence during pendency of case. The applicant shall attend on each date of hearing in the trial Court. Judge.