1 cri4645.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4645 OF 2010 Uttam S/o Karbhari Gondkar Age : 55 years, Occ : Business, R/o Presently in Jail Inaimwadi, Shirdi, Tq. Rahata, Dist. Ahmednagar ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. M.S. Kulkarni, advocate for applicant. Mr. D.V. Tele, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7 th December, 2010. PER COURT : 1. The applicant seeks regular bail under Section 439 of the Criminal Procedure Code. 2. Heard the learned Advocate for the applicant and learned A.P.P. Perusal of the investigation papers prima facie show that injured-informant Vithalrao Ghodke sustained five injuries of simple nature. 2 cri4645.10 3. Considering the recitals of the F.I.R. and other investigation papers, it is prima facie explicit that there was dispute between the informant, on one hand and the applicant and his relatives, on the other hand regarding the transaction of transportation effected by using the truck vehicle. The truck vehicle was allegedly purchased by contribution of the finance by the informant and others. According to the F.I.R. the informant had been to a place outside the hotel "Shaish" at Shirdi when the applicant along with others approached him. He was assaulted by the applicant and others. 4. Having regard to the fact that the injuries found on the person of the informant are not of serious nature and the accusation is for the offence under Section 326 of the Indian Penal Code, the applicant deserves liberty. His bail application appears to have been rejected by the learned Sessions Judge only for the reason that he had placed the application prior to Diwali Vacation under the pretext that he would be able to enjoy Diwali festival. This part of the reasoning of the learned Sessions Judge is rather outside the purview of the legal norms. 5. In the result, the application is allowed. The applicant is directed to be released on bail bonds, in the sum of Rs. 15,000/- 3 cri4645.10 (Rs. Fifteen Thousand), with one solvent surety of like sum, to the satisfaction of the Court of Sessions. (V.R.KINGAONKAR) JUDGE gas/cri4645.10