1 cri.appln 4524-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4524 OF 2010 Tulsiram Ramchandra Chavan ...Applicant vs. The State of Maharashtra ...Respondent Shri Sherali S. Khan for the Applicant. Shri Y.M. Nakhwa, APP for the Respondent-State. CORAM : J.H. BHATIA, J. DATED : NOVEMBER 19, 2010 P.C. :- 1 Heard the learned Counsel for the applicant and the learned APP for the State. 2 The accused was arrested in Crime No. 69/2010 registered with Sewree Police Station for the Offence punishable under Section 326 of the IPC. The Bail applications filed by him before the Magistrate as well as Sessions Court were rejected. 3 Pending the present application for bail, the police have completed investigation and filed 2 cri.appln 4524-2010 the charge sheet. From the report lodged on 11th September, 2010 by Rizwan Riyasat Khan, it is revealed that about three months prior to the incident, he had quarrel with the accused and the accused had threatened to see him as and when they would come in front of each other. On 11th September, 2010, at about 5 p.m. when the complainant Rizwan was proceeding by Signal Avenue Hill Road, the accused came in front of him and reminded him about the earlier dispute. He abused the complainant and lifted a hammer from a nearby hotel where some repairing work was going on and gave a blow with that hammer on the leg of the complainant but he evaded that. After that, the accused gave a blow on the head of the complainant with the said hammer due to which bleeding injury was caused. On the basis of this, police registered an offence under Section 326 of IPC. The Medical Certificate reveals that there was contused lacerated wound, size 4 x 1 cm. on left side partial region of the head. No fracture was detected. No internal bleeding was found. The 3 cri.appln 4524-2010 Medical Officer only stated that the injury could be dangerous. 4 Taking into consideration the nature of injury caused, it appears that the case may not fall within Section 326 of the IPC. Taking into consideration the nature of injury and the single blow given by the accused, I find that it is a fit case to grant bail to the accused who is in jail for last more than two months and particularly, because the investigation is already completed and the charge sheet is filed. 5 In view of the above, the accused-applicant is granted bail in Crime No.69/2010 registered with Sewree Police Station and he be released on execution of P.R. Bond of Rs.10,000/- with one surety in the like amount with condition that he shall not misuse the bail. 6 Application stands disposed of. (J.H. BHATIA, J.)