IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1094 OF 2009 Durgacharan Bhaskar Panda ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri Prashant Gurav for Applicant Mrs.M.H. Mhatre, APP for State ---- CORAM: V.M. KANADE J. DATED 21ST MARCH, 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, 143, 144, 147, 148,149 of the Indian Penal Code. 3. The Applicant was arrested on the same day and he is behind bar since then. The chargesheet has already been filed. The Applicant was never come adverse notice of the police. He is rickshaw driver and there was sudden fight between the Applicant and the Complainant's friend. The victim abused the Applicant and, thereafter, a fight ensued in which the victim received certain injuries. 4. The Applicant is not a habitual offender. He has for the first time acted in this manner, therefore, continued detention of the Applicant is not necessary. Since the chargesheet has been filed and since the trial, in any case, is not over for quite some time. The Applicant is the only earning member in his family. His son is suffering from kidney ailment. Taking into consideration all these circumstances, therefore, in my view, the Applicant deserves to be released on bail subject to certain conditions being imposed: (i) The Applicant be released on bail in C.R. No. 238 of 2008 registered at Vikhroli Police Station in a sum of Rs.5,000/- with one or two sureties in the like amount. (ii) The Applicant shall report to the concerned police station once in a month. (iii) The Applicant shall not threaten any of the prosecution witnesses. 5. Application is disposed of. V.M. KANADE J.