1 BA-916.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.916 OF 2011 {For Bail} Bhagwan Anyaba Sida .... Applicant Vs. The State of Maharashtra .... Respondent Shri P.G. Sarda i/b M/s. G.S. Hegde & Associates for the Applicant. Shri J.P. Kharge, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: SEPTEMBER 28, 2011 P.C: 1. This is an application for bail by a person who is alleged to have hit the victim with a stone on the victim s head on 2-12-2010. The victim was admitted to a private hospital and eventually succumbed to his injuries on 19-1-2011. 2. The allegation is that on the day of the incident, the victim and his friends were in a hotel. The applicant was on another table of the same hotel. One Shivaji Chormale, who was with the applicant, was talking on phone and therefore asked the victim and his friends 2 BA-916.11 not to make noise and to keep quiet. The victim asked Shivaji as to whether they were talking loudly, whereupon Shivaji is alleged to have beat the victim with fists and kicks. The applicant also joined in the beating. The applicant and others pulled the victim and the first informant Balu outside the hotel. Shivaji hit the victim with a stone on his head. Thereafter the miscreants left on their motorcycles. The victim was then admitted to hospital. A report about the incident was given to the police on 7-12-2010. 3. The papers from Ashwini Hospital show that the victim was admitted with history of head injury due to road traffic accident. The details of the injuries were blunt trauma on head, localised soft tissue swelling of left cheek and bleeding in oral cavity. The learned counsel for the applicant submits that these injuries are consistent with road traffic accident, rather than the type of beating which is described by the eye-witness Balu. 4. The learned APP submitted that it is possible that all the injuries might have been noticed by the doctor. There is no reason to look into this possibility right now. In any 3 BA-916.11 case, even if it is presumed that the incident did take place in the manner which is described by the first informant, still considering the nature of the weapon used for assault, as also the fact that there was no previous enmity and that the quarrel erupted suddenly, since the investigation is complete and charge-sheet has already been filed, the applicant s being in custody pending trial may not be neccessary. 5. In view of the above, the applicant be released on bail in C.R. No.134 of 2010 of Malshiras Police Station, District Solapur on his furnishing P.R. Bond in the sum of `50,000/- with one or more solvent sureties in the sum aggregating to `50,000/-. 6. The application accordingly stands disposed of. (R.C. CHAVAN, J.)