Cri. Apln. No. 3141/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3141 OF 2010 The State of Maharashtra Through Police Station, Hatta, District Hingoli. ....Applicant. Versus Ramdas s/o. Dhondiram Kale, R/o. Jawla (Bk), Tq. Basmath, District Hingoli. ....Respondent. Mr. S.G. Nandedkar, APP for applicant/State. Mr. S.P. Katneshwarkar, Advocate for respondent. CORAM : T. V. NALAWADE, J. DATED : 22nd June, 2011. PER COURT : 1. This application is filed for cancellation of bail granted by Sessions Court, Basmatnagar in Criminal Misc. Application No. 175/2010. The other side has appeared in the matter and filed affidavit-in-reply. Both the sides are heard. 2. It was submitted for the State/applicant that the bail is wrongly granted by the Sessions Court as the Sessions Court has mentioned that accused are in possession of disputed land and that is not the fact. A copy of complaint application given by original complainant Dyaneshwar Vithalrao Kale is produced to show that on 12.6.2006 at about 5.30 a.m. when he was sleeping in the courtyard accused Ramdas Dhondiram Kale and Shripati Jijaji Pawar gave him beating with kick Cri. Apln. No. 3141/2010 2 blows. 3. The respondent has denied the alleged incident. The advocate of the respondent submitted that the case is fixed for framing charge on 16.7.2011 and they are ready to co-operate to expedite the case. Some record is also produced regarding purchase of land from one Maroti Narayan Garad by the respondent and it was submitted that complainant has no concern with the land. The advocate of the respondent submitted that false allegations are made only to pressurize the respondent. 4. The injury certificates in respect of the complainant and other witnesses show that simple injuries like CLW, abrasions and contusions were found on the persons and only one injury is said to be grievous. It was found on the person of Gunjaji. It is described as bone deep injury. But, as against this injury no fracture is mentioned. The offence was registered under section 307 of the Indian Penal Code on the basis of this medical record and in view of these circumstances, Sessions Court has granted bail. Allegations made against the respondent are not convincing and no probability is created to show that respondent is trying to tamper with the prosecution witnesses. So the application stands rejected. [ T. V. NALAWADE, J.] Cri. Apln. No. 3141/2010 3 ssc/criapln3141/10