1 Cri-5590-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5590 OF 2010 WITH INTERVENER APPLICATION NO. OF 2010 Kisan Hari Mokal ... Applicant vs. The State of Maharashtra Respondents Mr.P.S.Pasbola, i/b. Mr. Rahul Arote,Advocate, for the applicant. Mr.Y.M.Nakhwa, APP, for the respondents - State. Ms. Nandini Jadhav, Advocate for the Intervenor (in Appln.No.5590/2010. CORAM: J.H.BHATIA,J. DATE : 22nd December, 2010. P.C. 1. Intervention application tendered by the Advocate for the victim of the offence. The same be registered. Intervention application is allowed. 2. Heard the learned Counsel for the applicant/accused, the learned APP and the Advocate for the Intervenor. Perused the FIR, medical papers and other relevant documents. 3. From the FIR lodged by the injured Ganesh Baban Jadhav on 16.10.2010. It appears that the accused and the injured reside in the same locality at a short distance. On that day, at about 8.10 p.m. one unknown person came 2 Cri-5590-10.sxw near the site of Garbha dance and was trying to park a motor-cycle. the accused objected to his parking the motor-cycle at the Garbha site. Accused also abused that person. On this injured Ganesh intervened and asked the accused as to why he was abusing the said person and he also offered that person to park the motorcycle near the house of the injured. However, the accused insisted that the said person will not park the motorcycle there. Due to this some altercation took place between the accused and the injured. They abused each other and gave pushes to each other. Due to this, the accused immediately ran to his house and came back running with a knife and gave a blow on the abdomen of the injured and caused stab wound with profuse bleeding. The accused immediately ran away from the spot. Immediately after the incident, injured Ganesh was taken to BSES M. G.Hospital where complete investigation was done and injury was stitched. C.T. Scan of abdomen and Pelvis undertaken in the Hospital reveals that no internal organ was damaged or injured due to the said stab wound. It shows evidence of subcutaneous soft tissue haematoma with fat stranding in the left lumbar region. On 1.11.2010, the injured was discharged from the hospital. On instructions from I.O., who is present, A.P.P. states that investigation is already completed and charge-sheet is likely to be filed within a week. 4. The learned APP and the learned Counsel for the Intervenor strongly 3 Cri-5590-10.sxw objected to the grant of bail. The learned Counsel for the applicant pointed out that there is no criminal history of the present applicant. He is a permanent resident of that area and he also undertakes that he will not enter into that area if so directed by the Court. 5. It appears that initially, Crime No.523 of 2010 was registered at the Andheri Police Station under Sections 326, 323 and 504 of IPC, but later on Section 307 of IPC was also added. However, taking into consideration the circumstances in which the incident occurred, the single stab wound and the fact that no internal organ was damaged and that there is no previous criminal antecedents of the present applicant, I find that the applicant may be granted bail. 6. The applicant/accused be released on his executing P.R. of Rs. 25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence and shall report at the Andheri Police Station on every Sunday between 9 a.m. to 11 a.m. till the end of the trial and shall not enter into that locality for next three months. (J.H.BHATIA,J.)