1 Cri.Appln.No.3886/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3886 OF 2011 IN CRIMINAL APPEAL NO.449 OF 2011 Anil Chhabildas Chaudhari & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.N. Dhorde, Advocate holding for Shri V.R. Dhorde, Advocate for applicants Shri N.H. Borade, A.P.P. for respondent ..... CORAM : U.D. SALVI, J. DATED : 22nd September, 2011. PER COURT : 1. Heard. Perused application and the record. The applicants/ accused, convicted of the offence punishable under Section 325 read with Section 34 of the Indian Penal Code, and sentenced to suffer R.I. for three years and to pay fine of Rs.2000/- each, in default to suffer further R.I. for three months, have moved this application for grant of bail. 2. The record reveals that, the complainant Hemraj Bhole had sustained three injuries:-’ 2 Cri.Appln.No.3886/2011 (i) CLW on right parietal occiput (ii) Left Black eye, (iii) Soft tissue scalp swelling right posterior parietal and was hospitalised between 16.11.2000 and 23.11.2000. The complainant Hemraj Bhole, a Municipal Councillor of Bhusawal Municipal Council, in the year 2000, complained that the applicant/ accused No.1 Anil Chaudhari, Municipal Councillor like him, had assaulted with him with but of pistol and the applicant/ accused No. 2 Ashok had lifted earthen flower pot kept in the premises of the police station and hit him on the head, and this had caused bleeding injuries. 3. Learned trial Court – Additional Sessions Judge, Jalgaon, it appears, disbelieved assault with deadly weapon like pistol and had concluded that the accused were guilty of the offence punishable under Section 325 read with Section 34 of the Indian Penal Code. According to the learned trial Court, the applicants/ accused did not entertain any intention to kill the complainant as the accused persons had not gathered on the spot along with deadly weapons. 3 Cri.Appln.No.3886/2011 4. The applicants/ accused have been sentenced to suffer R.I. for a short term and they were on bail during the course of the trial. Misuse of the liberties availed of them by virtue of the grant of bail during trial has not been reported. In the given set of facts and circumstances, the applicants/ accused deserve bail. Hence the order : 5. The applicants/ accused shall be released on P.R. bond of Rs.10,000/- (Rupees ten thousand) with one or more sureties in the like amount subject to the conditions that the applicants/ accused shall keep the police informed about their whereabouts from time to time and shall keep on record duly instructed Advocate to conduct the present appeal. 6. The application stands disposed off accordingly. ( U.D. SALVI, J. ) fmp/cri3886.11