* 1 * BA-1903-2011 23 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1903 OF 2011 Mohd. Assif Rasul alias Munna .... Applicant : V/S. : State of Maharashtra .... Respondent * * * * Mr. Subhash Jha i/by. M/s. Law Global, Advocate for the applicant. Mrs. G.P. Mulekar, APP for State-respondent. * * * * CORAM :- Smt. R.P. SondurBaldota, J. 23rd December, 2011. P.C. :- 1. The applicant herein is accused in C.R. No.80/2011 registered with Sewri Police Station (Sewri Sessions Case No. 553 of 2011). He was arrested in the case on 27th August, 2011 and is presently in judicial custody. He seeks to be released on bail. 2. The applicant is alleged to have assaulted one, Deepak Prakash Das with a bamboo on his head. As a result of which, Deepak Das sustained * 2 * BA-1903-2011 23 Dec, 2011 lascerated wound on the fronto parietal region of size 3 x 1 cm. Deepak Das was admitted to J.J. Group of Hospitals on the same day and remained as an indoor patient till 3rd September, 2011. 3. Mr. Jha, learned counsel for the applicant, states that the date of the incident was actually the day of engagement ceremony of the applicant and witness-Sultana. It is alleged that one Chinkya, brother of one Pappa Kanan was interested in marrying Sultana. Pappa Kanan had come to the house of Sultana. This angered the applicant leading to some altercations between the applicant and Chinkya and other persons. In the altercation, the victim who happened to be there, received a blow from the applicant. 4. Perusal of the record, shows that the assault on Deepak Das was out of momentary provocation. The injuries sustained by the victim is not a serious injury. The applicant does not have any criminal antecedents. He is also a permanent resident of Mumbai. In the circumstances, the applicant can be released on bail. Hence the order. O R D E R (i). The application is allowed. The applicant be released on bail in the sum of Rs.15,000/- (Rs. Fifteen Thousand only) with one solvent surety in the like amount. (ii). The applicant shall attend Sewri Police Station once a week on * 3 * BA-1903-2011 23 Dec, 2011 every Saturday between 10.00 a.m. to 12.00 noon until commencement of the trial. (iii). He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv). The applicant shall not leave the jurisdiction of the trial Court without the previous permission of the Court. (v). The applicant is granted two weeks time to furnish surety. In the meantime, he be released on cash bail in the sum of Rs.15,000/-. [SMT. R.P. SONDURBALDOTA, J]