(1) CRI. APLN. 5070.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5070 OF 2010 Daulat Dattatraya Garje, Age : 27 years, Occu.: Agriculture, R/o : Akole, Tq. : Pathardi, District : Ahmednagar Applicant VERSUS The State of Maharashtra Respondent ..... Mr. Joydeep Chatterji, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 10TH DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is co-accused who allegedly assaulted informant-Dnyaneshwar Dhaitadak in the morning of 8.9.2010. It is alleged that he and other four accused persons forcibly got boarded injured Dnyaneshwar in a jeep vehicle and thereafter assaulted him at a secluded place. They used iron rods and tommy while assaulting him. (2) CRI. APLN. 5070.2010 3. Heard learned Advocate for the applicant and learned A.P.P. Perusal of the investigation papers prima facie indicates that the applicant and other accused persons did not cause any injury on vital part of the body of informant Dnyaneshwar Dhaitadak. It appears that their intention was to cause injury to him on account of previous property dispute. It is stated in the FIR that the informant's brother by name Pandurang Dhaitadak was demanding the property from him. Though it is alleged that the informant sustained fracture of left ribs, yet such allegation is not corroborated by the medical evidence. The medico-legal certificate shows that the informant sustained a fracture injury to his right forearm. 4. Having regard to the nature of injuries found on person of the injured and on consideration of the previous enmity between the informant and his brother, the applicant deserves liberty since it does not prima facie appear that he is guilty of any offence punishable with death or imprisonment for life. (3) CRI. APLN. 5070.2010 5. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.15,000/- (Rs.Fifteen Thousand) with one solvent surety bond in the like sum to the satisfaction of the Court of Sessions. Sd/- [V. R. KINGAONKAR, J.] arp