1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.721 of 2010 [Jimi alias Mahendra Narsing Sarwan Vs. State of Mah.] With Criminal Application No.759 of 2010 [Guru alias Pratap Ramsing Sarwan & another Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Criminal Application No. 721 of 2010 : Mr. S.V. Sirpurkar, Adv., for the applicant. Mr. Jichkar, APP for respondent. Criminal Application No. 759 of 2010 : Mr. S.V. Sirpurkar, Adv., for the applicants. Mr. Jichkar, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 25th May, 2010. 1. Criminal Application No. 721 of 2010 is taken on today's board, as application for anticipatory bail arising out of the same offence, being Criminal Application No. 759 of 2010, was already on board, and learned APP was ready with instructions. 2. Heard. 3. Perused the Injury Certificate. 2 4. The injuries, which are described, read as follows:- “Injury suffered by Shrawan Parose are:- “a) CLW 3 cm x 2 mm x 3 mm occipital region by hard and blunt object b) Abrasion 2 cm x 1 cm left shoulder by hard blunt object c) Bunt Trauma to left shoulder by hard and blunt object. Injury report of Nilesh Ghaware reveals following injuries; a) Incised wound 5 cm x 0.5 cm x 1 cm deep right parietal region probably by sharp weapon. b) Incised wound 3.5 cm x 2 cm x 2 cm deep posterior aspect of left thigh, probably by sharp weapon.” 5. Considering the nature of injuries, the injury caused to occipital region marked as “a)” could be regarded to be serious, but for the fact that there could not be 1 cm deep injury on the skin or muscle overlapping the skull bone. 6. Having regard to total effect of the injury, prima facie, the case may not fall under Section 307 of Indian Penal Code. 7. In view of this, both the applications deserve to be allowed. 8. In the event of arrest in connection 3 with Crime No. 65/2010 registered with City Kotwali Police Station, Akola, for offences punishable under Sections 307, 147, 148, 149 and 107, Indian Penal Code, read with Sections 4 and 25 of the Arms Act, and Section 135 of the Bombay Police Act, the applicants be released on bail on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.10,000-00 [rupees ten thousand only] each. Judge |Hedau|