{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4024 OF 2009 1. Vithal s/o Balaji Gaikwad Age-21 years, Occ-Service R/o Sidharth Nagar, Purna Dist-Parbhani 2. Raju s/o Balaji Gaikwad Age-19, Occ-Service R/o Sidharth Nagar, Purna Dist-Parbhani APPLICANTS VERSUS The State of Maharashtra Through Police Inspector, Police Station, Purna RESPONDENT ....... Mr.A.L.Tikle h/f Mr.V.D.Salunke, Advocate for the applicant Mrs.Yogita M.Kshirsagar, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd December 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on bail in connection with CR No.156/2009 registered with Purna police station for an offence punishable u/s {2} 307, 323 and 504 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicants followed by the submissions of the learned APP. Perused the papers of investigation. 3. It appears that the FIR is registered on 18.10.2009 alleging that the applicant and his brother assaulted the victim with fighter and fists and kick blows. It is further alleged that the injured was lying unconscious and hence he was taken to the police station and thereafter, he was taken to the hospital, where he was treated and later on discharged. 4. Learned counsel for the applicants urged that considering the injury certificate, it cannot be said that the injuries sustained by the applicant would come under the ambit of section 307 of the Indian Penal Code. The applicants are arrested on 18th October 2009 itself and since then they are in jail and hence it is prayed that they may be released on bail. 5. The application is opposed by the learned APP on the ground that the investigation is still in progress and the victim was unconscious for 4 days. It is also urged that the incident is witnessed by witnesses and who have deposed that the applicants have assaulted the victim with fighter and blade. {3} 6. Considering these submissions and the complainant it has to consider as to whether the offence would fall within the ambit of section 307 of the IPC or not. The same has to be considered in the light of the medical certificate. The medical certificate indicate that two injuries were found on the person of the victim and the nature of the said injuries was simple. The certificate is silent as to whether if the same were not treated immediately whether there was danger to the life of the victim or not. In the premise, it prima facie appears that the offence will not fall within the ambit of section 307 of the IPC. 7. In the result, the application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bond in the like amount. The applicants not to leave the local jurisdiction of Purna police station till filing of the charge sheet without prior permission in writing from the concerned investigation officer. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln4024-09