1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5361 OF 2010 1 Sanjay Maruti Mane 2 Rajendra Maruti Mane ...Applicants. v. The State ...Respondents. Mr.Y.B.Rawool a/w S.S.Redekar, advs. For the Applicants. Mr.S.A.Shaikh, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C. 1 Heard the learned counsel for the applicants and the learned APP. Perused the copy of the F.I.R. and the medical papers. 2 Prosecution case in brief is that on 27.10.2010, the present applicants Sanjay, Rajendra and one Sidheshwar were chasing a person, who used to deal in scrap. These three persons asked the nephew of the complainant Narendra as to where that person had gone. Saying so they also assaulted nephew of Narendra. When the complainant Narendra intervened to save his nephew, Sidheshwar assaulted on the left side of his back with sickle while the present two applicants caught hold of his hands. In that incident, the complainant also suffered bleeding injuries and were taken to the hospital. He also lodged report. It appears that on 2 the basis of that crime no.401 of 2010 came to be registered under Sections 326, 323 r/w Section 34 of the I.P.C. 3 Copy of the medical report from Golden Park hospital where said Narendra was admitted shows that on 28.10.2010 at 2.30 a.m. Narendra was admitted in the hospital and on the same at 9 p.m., he was discharged against medical advise. Medical report shows that he had deep contusion over left scapular region. Copy of the medical report shown by the learned APP shows that Baliram had suffered deep contused lacerated wounds over the left fronto temporal lobe and over the forearm. 4 Prima-facie none of them appears to have suffered any grievous hurt. From the copy of the F.I.R., it appears that initially police had registered offences under Section 324 but later on figure ‘4’ was changed to ‘6’. Prima-facie, it does not appear that offence under Section 326 was committed. Applicants are in custody since 28.10.2010. If the case would be under Section 324 and if the charge-sheet would not have been filed within sixty days accused would be entitled to release on bail. Even though the accused persons are in jail from 28.10.2010 admittedly so far charge-sheet has not been filed. 5 In view of the above circumstances, applicants be released 3 on their executing PR of Rs.10,000/- each with surety in the like amount with condition that they shall not tamper the prosecution evidence. (J.H. BHATIA,J.)