IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4855 OF 2009 Ilahibakshi Babamiya Mundhe ...Applicant Vs. The State of Maharashtra ...Respondent ---- Shri A.P. Mundargi, Senior Counsel i/b. Shri Avinash Kamkhedkar for Applicant Mrs. S.D. Shinde - 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 307, 326, 323, 504, 506 r/w. 34 of the Indian Penal Code which was registered with Ghodegaon Police Station vide C.R. No. 28 of 2009. 3. It is alleged that the Applicant along with one Pathan assaulted the Complainant. According to the FIR, the said Pathan had assaulted the Applicant with a stone on his head whereas the Applicant had assaulted the Complainant with fist blows and kick blows. That being the only role attributed to the present Applicant and the nature of injury as shown in the injury certificate is c.w. on scalp, in my view the Applicant need not to be detained for an indefinite period in the jail as an under prisoner. There is no prior antecedent against the present Applicant. 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.)