1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.4590 OF 2009 Hiraman V. Chimane ...Applicant. v. Ganesh N. Gaikar & Ors. ...Respondents. Mr. Shreekant V. Gavand ,adv. For the Applicant. Smt. P.P.Shinde, APP. For the Respondent no.5/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 10, 2011. P.C. 1 Heard the learned counsel for the applicant, who is the original complainant and the learned APP. None for the respondent nos.1 and 2, who are the original accused. 2 This application is filed for cancellation of bail granted to the respondent nos.1 and 2 by 2nd Additional Sessions Judge, Raigad in Crime No.378 of 2009 registered at Kalamboli police station under Sections 307 r/w Section 34 of the IPC. According to the complainant, on 29.8.2009 at about 11.45 p.m. respondent nos.1 and 2 alongwith their companions had quarrel with the complainant. During that incident respondent no.2 and their another companion caught hold of the complainant while the respondent no.1 Ganesh assaulted him with sharp 2 weapon on the abdomen, back, etc. and attempted to commit murder. Immediately, he went to the police station where the offence was registered and then he was taken to M.G.M. Hospital where he was examined. Thereafter, he was shifted to Life Line Hospital. The trial Court while granting bail noted that police had filed medical certificate in respect of one Hanuman Mhaskar, who was admitted in hospital on 19.6.2009 and who had suffered injuries due to fall from the roof of the house. In spite of that, the learned Additional Sessions Judge observed that medical certificate was not produced and, therefore, bail was granted. It appears that police officer, who produced certificate of Hanuman Mhaskar before the Sessions Court had shown total negligence but at the same time, it was also improper on the part of Additional Sessions Judge to proceed with the hearing of the application on the basis of that medical certificate. He could have directed prosecution to produce medical certificate of the complainant and then could pass appropriate order on its own merits. 3 Before this Court, medical certificates from M.G.M. Hospital as well as Lifeline Hospital are produced. They indicate that complainant had suffered contused lacerated wounds on the left shoulder on the mid axillary scapula and on the chest. All the three injuries were 3 contused lacerated wounds. None of the injuries was serious. No grievous hurt was caused. The complainant was admitted in M.G.M. Hospital on 30.8.2009 and was discharged on the next day then he was taken to lifeline hospital on 31.8.2009 and was discharged on 3.9.2009. Medical certificates from both the hospitals do not show that any operation was required to be performed. The injuries were required to be sutured. Investigation is completed and charge-sheet is filed long back. In view of these circumstances, I see no valid reason to cancel the bail. Therefore, application stands rejected. (J.H. BHATIA,J.)