FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1889/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Haribhau Gajanan Kulkarni . . . Applicant Versus The State of Maharashtra . . . Respondent Shri S.S.Thombre, Advocate for applicant Shri N.H.Borade, APP for the State. Coram : A.V.NIRGUDE, J Date : 17/7/2009 P.C. The applicant is seeking bail in Crime No.80/2008 registered with Kallam Police Station, Dist. Osmanabad, for the offence punishable under Section 302, 147, 148, 149, 326, 323 and 504 of IPC. The applicant and others are accused of committing offence of rioting and murder, etc. The incident took place on 16/6/2008 at about 11 am in the agricultural field of the complainant. The complainant and three others were busy in agricultural operations in the field. The applicant and his eight companions at that time and attacked them saying that the agricultural field belonged to them. There was a long standing litigation between the parities in respect of this field. The complainant stated that after long drawn litigation, he finally secured possession of the field through court intervention. It is the case of the complainant that, assailants came armed with weapons like knives, axes, iron bars, sticks, etc. and attacked him and his companions. Four prosecution witnesses, including the complainant, alleged that the present applicant was armed with a knife and he was seen stabbing the victims. On the other hand, two other prosecution witnesses viz. Bala Shinde and Jaikumar alleged that, they saw the applicant holding an axe in his hand and attacking the complainant and others. There is, however, unity in the prosecution witnesses when they said that, the fatal blow on the head of the deceased Shivaji was delivered by accused Rajaram. On perusal of the post-mortem note and the injury certificate, it is seen that the victims did not sustain injuries caused by knife like weapon. The deceased sustained, besides the head injury, three more injuries on his non-vital parts of the body. Though these injuries include fracture of bones of the deceased, it can certainly be said that, these were not fatal injuries. The other victims did not suffer serious injuries. They did sustain injuries, such as, abrasions, etc. It is, thus, clear that the injury on the head of the deceased was the most serious one and it was not caused by the present applicant. All other similarly placed accused, except the accused Rajaram, are released on bail by the trial court. The applicant, therefore, deserves bail. The applicant be released on bail on executing a personal bond of Rs.15,000/- (Rupees fifteen thousand only) with one surety in the like amount. (A.V.Nirgude, J.) sjv/cri1889-2009