1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4371 OF 2008 1. Vimal Sudhanshu Viswas 2. Raj Kumar Shrikrishna Mishra 3. Vishwajit Sudhanshu Viswas 4. Abdulkadir Mohommad Kurshid ...... Applicants. V/s State of Maharashtra (At the instance of Vasai Railway Police Station, Vasai) ....... Respondent. ------ Mr. S.S. Redekar for the applicants. Mr. S.S. Shinde, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 6th January, 2009 P.C.: 1. Heard the learned Counsel appearing for the applicants and the learned APP for the State. 2. Applicants have been arrested in connection with the 2 offence punishable under sections 326, 506, 114 of the Indian Penal Code. 3. Prosecution case is that the applicants were working in pantry car. At that time, complainant and his friends entered the train and wanted to sell eatables vada-pav to the people who were travelling in the train. Prosecution case is that the applicants assaulted the complainant by slapping him on his cheek and, thereafter, one of the assailants took out iron rod and other had a knife and they started chasing the complainant. Complainant got down from the train, after it stopped due to chain pulling incident. While he was running on a bridge, he fell down and sustained injuries on his back. 4. Counsel for the applicants submits that grievous injury was not caused due to assault by the applicants but due to accidental fall of the complainant from the bridge. Trial Court has rejected their application only on the ground that they are not residents of Maharashtra. In my view, since charge- sheet has been filed and the statement of the complainant indicates that he had sustained grievous injuries on his back due to accidental fall from the bridge, prima faice, provisions of section 326 would not be attracted. Applicants are, therefore, entitled to be released on bail. 5. Applicants be released on bail in the sum of Rs 5000/- each with one or two sureties in the like amount. Applicants shall initially furnish cash bail and within 15 days thereafter 3 they shall furnish regular surety and execute P.R. Bonds. Applicants shall report to Vasai Railway Police Station once in a month. 6. Application is disposed of. (V.M. KANADE, J.)