( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3848 OF 2009 IN CRIMINAL APPEAL NO. 561 OF 2009 1. Ratnadeep @ Pappan Harihar Rajbhoj .. Applicants Age 29 years, Occ. Nil 2. Nandu @ Sujit Harihar Rajbhoj Age 33 years, Occ. Nil 3. Kalu @ Harshuram Harihar Rajbhoj Age 30 years, Occ. Nil Both R/o. Degaon Chal, Nanded, Dist. Nanded. Versus The State of Maharashtra .. Respondent Mrs. S.S. Jadhav, Advocate for the applicants. Mrs. B.R. Khekale, A.P.P. for respondent/State. CORAM : P.R. BORKAR,J. DATED : 15.01.2010 P.C. :- 1. Heard Adv. Mrs. S.S. Jadhav for the applicants and Mrs. B.R. Khekale, A.P.P. for respondent/State. ( 2 ) 2. This is an application for bail by the accused persons who are convicted of offences punishable under sections 143, 147, 148, 326 r/w 149 and 307 r/w 149 of the I.P.C. Adv. Mrs. Jadhav drew my attention to evidence of Dr. Dange (P.W.9) examined at Exh.100 and argued that the injury which is said to have size of 25 x 5 cms. is described as stab injury, though it is not stated that it had any depth. Same case is with other stab injury. Injury No.5 is described as stab injury. It is stated in the cross- examination that injury Nos. 1, 3 to 5 were superficial injuries. According to the doctor, injury No. 2 was grievous in nature and it was crush injury of left middle & index finger. It is argued by Adv. Mrs. Jadhav that on consideration of evidence of Dr. Dange, offence would not be under section 307 and 326 of the I.P.C. She also pointed statement of P.W.4 – Gautam who stated in his examination-in- chief that two fingers of the complainant Rashtrapal were amputed and fell in Nalla. Similarly, P.W. 7 – Yusufoddin stated that he seized scabbard and two amputed fingers. The doctor said that there was only crush injury. P.W.1- Rashtrapal has also stated in para 2 that his middle and index fingers were severed from palm. The Doctor also found ( 3 ) the patient to have consumed alcohol. 3. It is also said that the accused persons were on bail during trial. In the circumstances of the case, I am of the opinion that discretion can be used to release the applicants on bail pending this appeal. Hence, the application is allowed. Pending this appeal, execution of substantive sentence of imprisonment of the applicants shall stand suspended on each of the applicant executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one surety in like amount. It is further directed that pending the appeal none of the appellant shall attempt to contact or give threat to any of the prosecution witness and shall give attendance at Vazirabad Police Station, Nanded, on alternate Sundays between 10.00 a.m. to 12.00 noon. 4. The Criminal Application stands disposed of. [P.R. BORKAR,J.] snk/2010/JAN10/cra3848.09