1 Cri.Aplication No.2456/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2456 OF 2011 in CRIMINAL APEAL NO. 290 OF 2011 Vishwas S/o Keshav Jondhale ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri U.B. Bilolikar, Advocate for applicant Shri B.J. Sonwane, APP for the State. ..... CORAM : U.D. SALVI, J. DATED : 23rd August, 2011. PER COURT : 1. Heard. Perused. 2. The applicant / accused, whose appeal has been admitted, against the Judgment and Order convicting him for the offence punishable Under Section 307 of Indian Penal Code and sentencing him to suffer R.I. for five years and to pay fine of Rs. 2 Cri.Aplication No.2456/2011 1,000/-, in default to suffer R.I. for one month, has preferred this Criminal Application for grant of bail. 3. According to the prosecution, the appellant / Accused who was working at the Government hospital, Nanded, out of anger flicked a knife and dealt knife blows on the head, stomach and neck of the the complainant i.e. Police Head Constable Mr. Sayyed Shafiyoddin Mohd. Ali and ran away. The learned APP submitted that the evidence on record particularly the evidence of the injured victim PW-1 Mr. Sayyed Shafiyoddin Mohd. Ali, and the Medical Officer PW-2 Dr. Nilkanth clearly shows involvement of the appellant / Accused in the crime. 4. Countering this submission learned Advocate for the appellant / Accused submitted that the victim had suffered one simple incised wound of size 4 Cm x 2 CM on temporal nature, vide medical certificate Exh.15, and the entire episode was the result of anger. He pointed out that there has been no misuse of the bail granted to the appellant / accused, during the trial. 5. The evidence of PW-1 Sayyed reveals that the accused approached him in anger, thinking that Dr. Nilkanth was making 3 Cri.Aplication No.2456/2011 complaint to the police i.e. complainant himself. Considering these facts and circumstances particularly the fact that the appellant / accused was on bail during the course of trial without there being any history of its misuse, the grant bail to the appellant / Accused is justified. Hence order. ORDER The appellant / accused shall be released on bail on executing P.R. bond of Rs. 15,000/- (Rs. Fifteen thousand only) with one surety in the like amount, subject to the following conditions. I] Payment of fine amount. II] The appellant / Accused shall attend Vazirabad Police Station, Nanded every first day of the month between 11.00 am and 2.00 pm. The application is disposed of accordingly. ( U.D. SALVI, J. ) SDM*August-11