( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3964 OF 2010 Pankaj s/o Namdeo Chaudhari, R/o Near Saibaba Mandir, Sakri Naka, Tq. and Dist. Nandurbar. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Smt. Sadhana S. Jadhav, advocate for the applicant. Mr. D.V. Tele, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 22nd November, 2010] PER COURT : 1. This is an application for bail. 2. The prosecution case is that on 22nd August, 2010, at about 2.30 p.m., injured Malak Saddam was returning from Dargah. At a place of bridge, he noticed that 2/3 young boys were standing. The applicant asked him as to where he was going and immediately, picked up a wooden stump from nearby place. The applicant is said to have abused and assaulted injured informant by means of that wooden stump. The applicant ( 2 ) is said to have instigated the other 2/3 youngsters. 3. The bail application of the applicant is rejected by the Court of Sessions for the reason that he is involved in other like offences and particularly of communal riots. It appears that an externment proceeding is also pending against the applicant. 4. Having heard learned advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, it prima facie appears, no doubt, that the applicant assaulted the injured at the relevant time by means of a wooden stump. However, the recitals of the FIR Prima facie indicate that the informant was assaulted on the back and backside of the head. In other words, it prima facie can be said that the injured informant was not assaulted on any vital part of the body. The intention to cause death of the informant is, therefore, prima facie not clear from manner of the assault. 5. The learned advocate for the applicant submits that the applicant is ready and willing to reside away from Nandurbar during period of pendency of the trial. He is ready to report his presence to the Dhule City Police Station. In ( 3 ) this view of the matter, the application deserves to be allowed. 6. In the result, the application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions at Nandurbar, and on further condition that he shall furnish an undertaking to the effect that he will not enter limits of Nandurbar district during pendency of the sessions case except and save on the relevant dates of hearing of the sessions case. The undertaking shall be furnished simultaneously alongwith furnishing of the bail bonds. He shall reside at Dhule and shall report his presence to the City Police Station, Dhule on each Sunday between 10 a.m. and 2 p.m. during the period of pendency of sessions case at Nandurbar. [V.R. KINGAONKAR] JUDGE NPJ/criapln3964-10 ( 4 )