IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3104 OF 2009 Baljitsingh Joharsingh Bhond ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.A.P.Mundargi, Sr. Adv. i/by Mr.Shonak Mehta, Adv. for the applicant. Mr.Y.M.Nakhwa, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 14th Sept., 2009. PC: Heard. The present applicant is original accused No.3 who has moved this application under section 439 of Criminal Procedure Code in CR No.46/09 registered with Khadak police station, Pune for the offences punishable under sections 307, 326, 322, 323, 504, 143, 147, 148 of IPC and section 37(i) and 135 of the Bombay Police Act and section 4(25) of the Arms Act. 2. According to the FIR on 4.3.09 by about 1.20 p.m. the first informant was standing in front of his house and at that time one Pavitra Singh started assaulting a 10 year old boy by name Sharukh who stays in the same village. The first informant intervened and enquired of Pavitra Singh as to why he is assaulting the child. Thereupon Pavitra Singh got angry and ran towards his house by hurling abuses. From his house his mother, father and two brothers came out armed with weapons. Mother of the Pavitra Singh is stated to be carrying `iron patti’ and started assaulting the first informant. The father of the present applicant as well started assaulting. The applicant 1 has allegedly assaulted one victim by name Nitin Kale by sword thereby causing injury to his finger of left hand. Thus there is specific overtact attributed to the present applicant and the same is in the nature of causing assault by sword on the finger of one Nitin. The injury certificate reveals the nature of injury to be simple. The role attributed to the present applicant only pertains to assault on finger of one Nitin. The other accused are said to have assaulted the complainant and others in different manner. Grievous hurt has been caused by other accused persons to Tausif and Salim. Having regard to the role attributed to the present applicant and further having regard to the fact that the applicant is in custody since 4.3.09 I deem it appropriate to release the present applicant on bail. An affidavit in reply has been filed by the State wherein in para 7 it is mentioned that the applicant is involved in as many as four other crimes besides the present crime in question. Learned senior counsel appearing for the applicant has placed on record copies of judgment rendered in all the cases referred to in para 7 with a view to point out that in the said cases the applicant has been acquitted. In that view of the matter I pass the following order: 3. The applicant-Baljitsingh Joharsingh Bhond shall be released on bail on executing personal bond in the sum of Rs.20,000/- with one or two sureties in the like amount. The applicant shall attend the concerned police station once in a week on every Saturday till conclusion of the trial. Copies of judgments are taken on record and marked `X’ for identification collectively. 14.9.2009. 2