1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.403/2011 ( Balkrushna s/o Arjun Bhujale and others ..Vs.. The State of Maharashtra, through P.S.O., P.S. Paratwada, Distt. Amravati ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.L. Deshpande, Adv. for applicants. Mr. M.J. Khan, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 21.11.2011. 1. This is an application under section 438 of the Criminal Procedure Code for directions to release the applicants 1 to 3 on bail in the event of their arrest in Crime No.154/2011 registered with the police station Paratwada for the offence punishable under section 326, 504, 506 read with section 34 of the Indian Penal Code. 2. The applicants 1 to 3 and the complainant Gangadhar Dhandar are residents of village Jawardi within the jurisdiction of police station Paratwada and are neighbours. Two days earlier to the incident, there was quarrel between applicant no. 2 - Prashant and Vijay, son of complainant (injured). It is 2 alleged that on 30/9/2011 in the night at 8 p.m. applicants 1 to 3 went to the house of complainant Gangadhar. At that time, the applicant no.3 - Sushant was armed with an axe whereas applicants 1 and 2 were armed with sticks. The applicant no.3 - Sushant dealt blows of axe on the head of Vijay and others assaulted him with sticks and also assaulted the complainant Gangadhar. Report to this effect was lodged in the police station Paratwada on the same night. Vijay and Gangadhar both were sent for medical examination. On the person of Vijay one lacerated wound and one abrasion possible by hard and blunt object were noticed. No palpable injury was noticed on the person of complainant Gangadhar. 3. On perusal of the contents in the F.I.R. and the medical report, it appear that it was applicant no.3 - Sushant who was armed with axe and dealt its blows on the head of Vijay, as a result of which he sustained two injuries. It is, therefore, obvious that the allegations in the F.I.R. that applicants 1 and 2 were also armed with sticks and they had also dealt blows on the person of Vijay and Gangadhar, may be an exaggeration. In that light of the matter, applicants 1 and 2 will have to be granted pre-arrest bail whereas the prayer of applicant no.3 for 3 pre-arrest bail will have to be rejected. 4. The application, so far it relates to applicant no.3 - Sushant s/o Balkrushna Bhujale, is rejected. 5. The application, so far it relates to applicant no.1 Balkrushna s/o Arjun Bhujale and applicant no.2 Prashant s/o Balkrushna Bhujale is allowed. They are directed to be released on bail in the event of their arrest in Crime No.154/2011 registered with the police station Paratwada under section 326, 504, 506 read with section 34 of the Indian Penal Code on their executing P.R. bond of Rs.10,000/- (Rs. Ten Thousand Only) each with two sureties each in the like amount with condition that they shall attend the police station Paratwada as and when called by the Investigation Officer, till the submission of the chargesheet. JUDGE Tambaskar.