1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 10 OF 2009 Mr. Habiburrehman @ Bhullu ..... Applicant. V/s The State of Maharashtra ...... Respondent. ------ Mr. M. Solkar i/b Mr. U.A. Ghawate for the applicant. Mr. D.P. Adsule, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 9th January, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant is arrested in connection with the complaint registered at R.A.K. Marg Police Station for the offence punishable under sections 326, 506 (II), 324, 323, 504 read with section 34 of the Indian Penal Code. Charge-sheet has been filed. 3. Applicant was arrested on 29/9/2008 and since then he is behind bars. The injury certificate indicates that the injury was simple in nature. Prima facie, therefore, provisions of section 326 may not be attracted. Other accused who had assaulted the complainant and the witnesses have been released on bail. 2 4. Applicant, therefore, be released on bail in the sum of Rs 5,000/- with one or two sureties in the like amount. Applicant shall not threaten the witnesses. Applicant shall report to R.A.K Marg, Police Station once in a month till the disposal of the trial. 5. The observations made by this Court while deciding this application are prima facie in nature and the trial court will not be influenced by these observations while deciding the case on merits. 6. Application is disposed of. (V.M. KANADE, J.)