IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4263 OF 2008 1. Faiyaj Farukh Suvarndurgakar 2. Farukh Abbasmiya Suvarndurgakar ...Applicants Vs. The State of Maharashtra ... Respondent --- Shri A.S. Khandeparkar i/b M/s. Khandeparkar & Co. for Applicants Mrs. M.H. Mhatre APP for State ---- CORAM: V.M. KANADE J. DATED 22ND JANUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for the State. 2. The Applicants have been arrested in connection with an offence punishable under sections 307, 326, 504, 506 r.w. 34 of the Indian Penal Code registered vide C.R. No. 152 of 2008. 3. The prosecution case is that the Applicants and the Complainant both are fishermen and some altercations had taken place while going on fishing. Suddenly, the Applicants had assaulted the Complainant with the knife, which is used to cut the fish and three incised injuries were caused to the Complainant. The Complainant was admitted in the hospital and was discharged after about 10/15 days. Chargesheet has been filed. Thus, it appears that there was a sudden fight on some provocation and, as a result, the Applicant no.1 has inflicted three incised injuries on the Complainant, no particular role has been assigned to the Applicant No.2, who is the father of Applicant No.1. 4. The chargesheet has been filed. Taking into consideration the peculiar facts of the case, in my view, the Applicant No.2 deserves to be released on bail on the condition that he shall furnish his bail in a sum of Rs.5,000/- with one or two sureties in the like amount and he shall report to Ratnagiri Police Station once in a week. 5. So far as Applicant No.1 is concerned, the Applicant No.1 be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall, however, not enter within the jurisdiction of Ratnagiri for a period of six months from today. He shall give new residential address to the Superintendent of Jail and shall report to the nearest police station from his new address once in a week. After six months, he shall be permitted to enter into Ratnagiri City. However, he shall report to Ratnagiri Police Station once in a week, pending the hearing and final disposal of the trial. The Applicants shall not threat the witnesses or tamper with the evidence. 6. Application is disposed of. V.M. KANADE J.