Order in Cri. Apln. 4343/2009 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4343/2009 Gajendra s/o Nanaji Dangat ...Applicant. Versus The State of Maharashtra. ...Respondent. ........ Smt. S.S. Jadhav, Advocate for applicant. Shri N.R. Shaikh, A.P.P. for respondent. CORAM : A.V. POTDAR, J. Date : 16/12/2009 Per Court :- 1. By the present application, the applicant has approached this Court for his release on bail in Crime No.409/2009 registered at Tofkhana Police station, Ahmednagar for offences punishable under Section 323, 307, 504, 506 read with Section 34 of Indian Penal Code and Section 37 read with Section 135 of Bombay police Act. 2. Heard learned counsel appearing for applicant followed by submissions of learned A.P.P. appearing for State. Also perused the papers of investigation Order in Cri. Apln. 4343/2009 2 till carried out which were made available for my perusal as produced by learned A.P.P. . 3. Considering the submissions across Bar, it appears that the said F.I.R. came to be registered in Tofkhana Police station, Ahmednagar on 18/11/2009 on the complaint of one Yuvraj Dilip Shinde which was lodged initially against the four persons which do not reflect name of the present applicant. It is alleged in the said complaint that in the afternoon on 18 th November, 2009 the complainant received phone call from his cousin Shantanu that four persons whose names were disclosed in the complaint have picked up quarrel with him on the count of wearing T shirt of Rix group. It appears that on receipt of this call on cell phone he went to the spot and while he was making inquiry with said Shantanu, two persons attacked on Shantanu. As they sustained injuries, they were taken to civil hospital for treatment. This complaint came to be recorded in the hospital where they were admitted for medical treatment. During the course of submissions across Bar, my attention is drawn by learned counsel for the applicant towards medical certificate of the complainant as Order in Cri. Apln. 4343/2009 3 well as said Shantanu. It is pointed out that they were examined in the Govt. Medical Hospital known as Ghati at around 12.50 noon to 1.30 p. m.. So far as Yuvraj is concerned, he left hospital against medical advice at around 2.00 p. m. while Shantanu left hospital against medical advice at 6.30 p.m.. It is urged that so far as the facts mentioned in the complaint do not disclose name of the present applicant, present applicant is arrested in connection with this offence on 20-11-2009 and since then he is in custody in this case. Hence, he prayed to release him on bail. 4. The learned A.P.P. appearing for the State opposed bail application on the ground that the name of present applicant was disclosed when the statement of one Shantanu was recorded who is also injured person. It is also urged that notes of injured Shantanu as well as blood stained clothes were recovered at the instance of present applicant which shows participation of the applicant in the instant case. In the premise, bail be refused. 5. Considering this submission across Bar, one fact is clear that even though name of the applicant do not reflect in the complaint still the participation in Order in Cri. Apln. 4343/2009 4 the said incident can not be ruled out. Only question require considering medical certificate on record whether injuries sustained by Shantanu attribute offence under Section 307 of Indian Penal Code. Perusal of the injuries sustained by Shantanu on whose statement this applicant came to be arrested, do not appear the injuries on the vital organs of the injured and likely to cause the death if not instantly treated. Shantanu is discharged from hospital. Considering his medical certificate, even if this medical certificate is accepted and it is to be held that the applicant is responsible for these injuries caused on the person of Shantanu, at the most offence will be attributed under Section 325 or 324 of Indian Penal Code but certainly not under Section 307. considering the fact that the applicant is behind bar since about more than three weeks, case is made out by applicant to enlarge him on bail. In the premise, the application requires following order. ORDER 1. Application is hereby allowed. 2. The applicant / accused be released on bail on his Order in Cri. Apln. 4343/2009 5 furnishing surety in the sum of Rs. 15,000/- (Rs. fifteen thousand) and on executing personal bond in the like sum in connection with Crime No. 409/2009 registered at Tofkhana police station, Ahmednagar. 3. After releasing on bail, the applicant shall not contact the witnesses of the prosecution. 4. The application stands disposed of accordingly. [A.V. POTDAR, J.] tsk/criapln4343.09