1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1549 OF 2010 Zamsingh s/o Keharsingh Jamadar ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri Amol Gandhi, advocate for the applicant Shri K.S.Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 5th May, 2010 PER COURT : 1 Heard Shri Amol Gandhi, advocate for the applicant and Shri K.S.Patil, A.P.P. for the respondent. 2 This is an application preferred by applicant seeking bail in connection with C.R. No. 140 of 2009, registered at Itwara police station, Nanded, for the offence punishable under Section 307 of the Indian Penal Code. 3 It appears that the offence has been registered on the 2 complaint lodged by the complainant, namely Jagjitsinh Bishansinh Khalsa on 11.12.2009 in respect of the occurrence of the incident at about 8.15 a.m. on the said date. It is alleged in the said complaint that the complainant herein purchased half area of plot situated at Abchalnagar from the applicant and made construction thereon. Moreover, it is also stated in the said complaint that the complainant also purchased the remaining area of the said plot about one month back from the applicant after paying consideration amount of Rs. Four Lacs to him and also on execution of Sauda Chitthi on bond by the applicant herein in that respect. However, it is further alleged that the applicant herein tried to sell the said remaining area of the plot, which was already sold to the complainant by Sauda Chitthi, to third person, and therefore, the complainant brought injunction from the court and restrained the applicant from entering into the said plot. Hence, the applicant got angry and on 11.12.2009 at about 8.15 a.m. he came near the said plot on motor cycle and asked the complainant why he approached to the Court and with a view to kill the complainant he gave a blow of sword on his head, as well as assaulted by the said sword on his arms by giving 4-5 blows thereof, and thereby complainant collapsed on the said spot. Thereafter nearby persons namely Kulwantsing Ragi and other persons removed the complainant to the hospital by auto rickshaw for medical treatment. 4 On perusal of investigation papers and after considering the rival submissions advanced by the respective learned counsel for the 3 parties, it appears that the sword in question i.e. deadly weapon allegedly used in the afore said assault has been discovered at the instance of applicant and same has been seized under the memorandum panchanama. Moreover, the injury certificate of the complainant discloses that he received grievous injury on parietal bone-skull, displaced fracture, as well as he sustained grievous injury on left hand and also sustained grievous injury on right hand, and hence, it is apparent that the injuries sustained by the complainant are serious in nature. 5 Thus having the comprehensive view of the matter, although investigation has been completed and charge sheet has been filed, considering the seriousness of the offence and nature and gravity thereof, it is not desirable to release the applicant on bail. Moreover, the applicant and the complainant reside in the same town i.e. Nanded, and therefore, possibility cannot be ruled out of tampering of evidence and/or influencing upon the witnesses, and hence also, it is not advisable to enlarge the applicant on bail. 6 In the result, present Criminal Application No. 1549 of 2010 being sans merit stands dismissed. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1549.10