IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4968 OF 2009 Manohar Dhondu Bhoir ...Applicant Vs. The State of Maharashtra ...Respondent ---- Shri Hemant Deshpande for Applicant Mr. Y.M. Nakhwa- APP for State. ---- CORAM: V.M. KANADE J. DATE : 16TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant was arrested in connection with an offence punishable under sections 302, 324 r/w. 34 of the Indian Penal Code on 14th June, 2008. 3. According to the prosecution the Applicant and one other person caught hold the deceased while Bhalchandra gave a blow of iron rod on the head of the deceased as a result of which the deceased Jaywant sustained injury and died. So far as the present Applicant is concerned, apart from the role which is attributed to him that he was holding the deceased, it is also stated that he had assaulted the deceased with wooden stick and the medical certificate clearly discloses that there was no fracture and there was tenderness on the waste. Though it is mentioned that the said injury is a grievous injury, it is apparent from the report that it cannot be said that the said injury is of grievous in nature. Taking into consideration the role attributed to the present Applicant and fact that he is in jail since last 1 ½ years, the Applicant deserves to be released on bail. 4. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 5. Application is disposed of. (V.M. KANADE J.)