1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3487 OF 2010 1. Shaikh Sadek S/o Shaikh Ahemad R/o Shukrawarpeth, Beed, Tq. & Dist. Beed. 2. Nawazkhan S/o Bismillah Khan R/o Vidya Nagar (East), Beed, Tq. & Dist. Beed. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mrs. S.S. Jadhav, advocate for applicants Mr. N.H. Borade, A.P.P. for respondent Mr. Dhananjay Deshpande, advocate for complainant. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1 st October, 2010. PER COURT : 1. By this application, the applicants are seeking bail under Section 439 of the Criminal Procedure Code. 2. Heard learned Advocate and the learned A.P.P. 3. Perusal of the investigation papers, prima facie, show that the applicants along with other 10 accused persons assaulted informant and his brothers etc. Though the offence registered against the applicants is one under Sections 307, 323, 504, 147, 2 148 and 149 of the Indian Penal Code yet it prima facie appears that Section 307 of Indian Penal Code may not be attracted. The injury certificates indicate that complainant-Shahid Ahmed sustained two inside wound of simple nature, one on left palm and another on left shoulder. So also the other injured persons received simple injuries. The nature of injuries found on the persons of the injured prima facie do not indicate intention to do away with their lives. Considering the relevant aspects and the fact that there was prior dispute for the reason that the complainant had placed litter in the premises of the informant, both the applicants deserve liberty. It is argued by the learned A.P.P. that the applicant no.2 is involved in various serious crimes and that the applicants are known criminals. The learned Advocate for the applicants would submit that the applicants may be put to the stringent condition so as to ensure the fair trial of the case. 4. Considering the foregoing reasons, the application is allowed. The applicants are directed to be released on bail on furnishing of Bail Bond in the sum of Rs.15,000/- each with one solvent surety in the like sum to the satisfaction of the Court of Sessions and on further condition that they shall not enter limits of Beed town till the trial of Sessions Case is over, except when they are required to attend the Sessions Case for the purpose of trial 3 and in exceptional cases on obtaining prior leave of the Court of Sessions. The application is disposed of. (V.R.KINGAONKAR) JUDGE gas/cri3487.10