1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5331 OF 2009 Vishwambhar Dhondiba Kare & Anr. ...Applicants vs. The State of Maharashtra ...Respondent Mr.G.H. Kamalkar i/b. Mr.G.S. Hegde & Associates for the Applicants. Mrs.P.P. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 15, 2009 P.C. :- 1 Heard Counsel for the applicants and APP for the State. 2 The applicants have been arrested in connection with an offence punishable under Sections 143, 147, 148, 149, 307, 323, 324 and 504 of the IPC. 2 3 It is alleged that applicant no.1 assaulted father of the complainant with an axe on his head and applicant no.2 assaulted Trimbak with an iron rod. 4 I have perused the statements of the witnesses. The injury certificate corroborates the version given by the complainant. 5 Counsel for the applicants submits that the other eye witnesses gave a different version of assault by the present applicants. 6 There may be some minor discrepancy in the statements of eye witnesses. However, that cannot be a ground for releasing the applicants on bail, particularly, because the intention of the applicants appears to be quite clear which is apparent from the statements of the eye witnesses and the injured witnesses. 3 7 The application for bail is rejected. 8 The trial Court shall not be influenced by any of the observations made by this Court while deciding this application since these observations are of a prima facie nature. (V.M. KANADE, J.)