1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.544/2011 Jakir Khan s/o Amir Khan Vs. State of Mah. & Criminal Application (BA) No.545/2011 Rakesh Kumarswami Suramwar Vs. State of Mah. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. R.M. Daga, Advocate for applicants. Mr. M. A. Kadu, APP for the State (Criminal Application (BA) No. 544/2011) Mr. C.N. Adgokar, APP for the State (Criminal Application (BA) No. 545/2011) CORAM : U.V. BAKRE, J. DATED : 14/9/2011. Heard. The applicants respectively have been arrested on 17.8.2011 and 14.8.2011 in Ballarpur Police Station Crime No.189/2011 registered for offence punishable under Section 326 read with Section 34 of the Indian Penal Code and they have filed these applications for bail. On 12.8.2011 at about 7.00 p.m. one Sachin Rahulkar lodged report with the respondent that Ravi Anna, his two brothers and friend by name Jakirkhan assaulted him with sword and sticks. It was in connection with the said report that the above crime No. 2 189/2011 has been registered. In their applications, the applicants have alleged that victim Sachin remained in Ballarsha Rural Hospital only for a day and was discharged after preliminary treatment. They have further stated that as per First Information Report, they have assaulted Sachin by means of sticks. They, therefore, say that incised wound found on the left side back of the victim is not possible by means of stick. They also say that even otherwise offence is triable by the Court of Judicial Magistrate First Class and since the investigation is complete, their further detention is not warranted. According to learned A.P.P. since there is prima facie evidence against the applicants in the form of the version of the complainant himself and medical evidence and further since the Additional Sessions Judge has rejected their applications, request of the applicants should not be considered at this stage. There is no dispute about the fact that the F.I.R. lodged by the victim says that it was Ravi Anna, who assaulted him, with a sword on his back. Therefore, the allegation against the present applicants is only regarding assault with sticks. Though grievous injury is sustained by the victim, however, the said grievous injury is not as a result of assault by means of sticks. The applicant Jakirkhan has been in custody since 17.8.2011 whereas 3 the applicant Rakesh is in custody since 14.8.2011 and presently they are in judicial lock up. Both are young boys of 20 years and 21 years of age respectively. The order passed by learned Additional Sessions Judge does not reveal that present applicants have any criminal background nor it is contended by the learned A.P.P.s that the applicants are previous convicts. Considering the nature and gravity of offence, age of the applicants and the fact that they are students and further since no purpose would be served by detaining them in custody, I am of the view that they are entitled for bail. In the result, the applications are allowed. The applicants shall be released on bail in Crime No.189/2011 registered at Police Station, Ballarsha for offence punishable under Section 326 read with Section 34 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs.10,000/- (Rs. Ten thousand only) with one solvent surety in the like amount each under the following conditions:- (i) Both the applicants shall attend the Ballarsha Police Station as and when called upon by the Investigating Officer and shall cooperate with the investigation. (ii) The applicants shall not, directly or indirectly, 4 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without previous permission of this Court. JUDGE Ambulkar.