IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3206 OF 2009 Pandurang Dattu Pawar ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.V.V.Purwant, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. Mr.P.G.Sarda, Adv. For original complainant. CORAM: A.P.DESHPANDE, J. 17th Sept., 2009. PC: The applicant has moved this application for grant of bail under section 439 of Criminal Procedure Code in connection with CR No. 68/09 for offence punishable under sections 307, 327, 504, 506, 507 read with section 34 of IPC and under section 25(4) of the Arms Act registered with Fouzdar Chawadi police station, Solapur. The applicant and the complainant are residing in the same building by name Omkar complex at Avanti Nagar, Solapur. The flat wherein the applicant resides is on the ground floor whereas the one wherein the complainant resides is on the 1st floor. On account of trivial dispute pertaining to the keeping of dustbin in the staircase an incident had taken place. The present applicant has allegedly assaulted the complainant. Cross complaint was also filed and case has been registered at the behest of nephew of the complainant. The complainant was initially admitted in hospital and after treatment he has been discharged. There is no chance of escalation of the gravity of offence as he is stated to be in sound health. Having regard to the fact that the applicant and the 1 complainant reside in the same building intervention by the complainant was also permitted and the learned counsel for the complainant is also heard in the matter. The applicant has filed an affidavit of his wife Mohini Pawar on record where in it is stated that the family of the applicant which consists of applicant, his wife and two children would move out of the Omkar building and stay at village Wadala till conclusion of the trial so that possibility of any further commission of crime is avoided. Learned counsel for the complainant submits that the complainant would have no objection if the applicant with his family stays at village Wadala, Taluka North Solapur, district Solapur. Relying on the statement made in the affidavit filed by the wife of the applicant dated 16.9.09 I am inclined to allow the application in the interest of justice. In the result I allow the application. The applicant-Pandurang Dattu Pawar shall be released on bail on executing personal bond in the sum of Rs.20,000/- with one or two sureties in the like amount. After release of the applicant he shall not reside in his flat at Omkar Complex but shall reside with his family at village Wadala, Dist. Solapur till conclusion of the trial. Application stands disposed of. 17.9.2009. 2