1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5414 OF 2010 Uddy @ Uday Swaroop Singh Gadhvali ...Applicant. v. The State of Maharashtra ...Respondents. Mr. M.P.Mishra i/by M/s.M.P.Mishra and Co., adv. For the Applicant. Smt.P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 13, 2010 P.C. 1 Heard the learned counsel for the applicant the learned APP for the State. Perused the investigation papers filed alongwith the charge- sheet. 2 Prosecution case, in brief, is that on 15.7.2009 at about 8.30 p.m. somebody was knocking on tin sheets of the hut of the complainant Sudama due to which Sudama began to abuse. After that four persons namely, present applicant Uday, one Inzamam, one Bunty and Subhash entered into the room. Inzamam began to abuse and the present applicant assaulted on the head of Sudama with sword. Meanwhile, Brahmadev, who is brother-in-law of Sudama, intervened to save him. Then Inzamam and Bunty began to assault him with chopper and long knife and caused number of injuries. Names of the assailants were disclosed in the F.I.R. 2 itself on the same day and all accused persons were also arrested immediately. Charge-sheet was filed in September, 2009. However, trial of the case is not yet commenced. The learned APP on instructions informs that trial could not commence because muddemal property has not been produced by the police before the trial Court. The Investigating Officer intends to file muddemal property shortly. The learned counsel for the accused/applicant informs that Inzamam and Bunty have been already granted bail and Subhash was never arrested as it appears that he had not played any role in the assault. The learned counsel for the applicant contends that on the principle of parity applicant also deserves to be granted bail. 3 The learned APP points out that Brahmadev suffered as many as 16 injuries on different parts of the body, mainly on head. Sudama had suffered four injuries, two were incised wounds on the head. It is material to note that as per F.I.R., injuries on the person of Brahmadev were caused by Inzamam and Bunty. He was admitted in hospital on 15.7.2009 and discharged on 17.8.2009. Present applicant had caused injuries to Sudama. He was admitted in the hospital on 15.7.2009 and discharged from hospital on 22nd July, 2009. As noted above, trial could not commence because of the negligence on the part of 3 Investigating Officer in producing muddemal property before the Court. In view of these facts, it is difficult to refuse bail to the present applicant when the other two accused have been already granted bail. 4 In view of the above, applicant be released on his executing PR of Rs.25,000/- with one or two sureties in the like amount with the condition that he shall not misuse the bail and tamper with prosecution evidence and shall also report at Dahisar police station on every Sunday between 10 a.m. to 12 noon. (J.H. BHATIA,J.)