1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 962 OF 2009 Mr. Satish Dayanant Pandhare ..... Applicant. v/s The State of Maharashtra ..... Respondent Mr. Sudhir D. Halli for the applicant. Mr. S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. DATE : 30th March, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 143, 147, 148, 149, 453, 323, 307 of the Indian Penal Code. The injury certificate annexed to the charge- sheet shows that the injuries are simple in nature. Though the complainant has stated that he was assaulted with a sword, this injury certificate is not annexed to the charge- sheet. Prima facie, provisions of section 307 of the IPC may not be attracted in the present case. Prosecution case is that the applicant alongwith others had assaulted the complainant and other members of his family because he was not ready to withdraw the complaint which was filed against one Mr. Hake. Since this is the allegation made against the applicant, applicant can be released on bail subject to certain conditions being imposed 2 upon him. 3. The learned APP is justified in making a submission that if the applicant is released on bail, he may threaten other witnesses. Counsel for the applicant submits that other accused have been released on bail. 4. In my view, taking into consideration the aforesaid facts and circumstances and since the injuries, prima facie, do not disclose that the offence under section 307 IPC has been made out by the prosecution, applicant deserves to be released on bail, subject to certain conditions being imposed upon him. 5. Applicant be released on bail in C.R. No.120/2008 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall not, however, enter the jurisdiction of Hadapsar Police Station. Applicant shall give his new residential address to the Superintendent of Police before his release from the jail and he shall report to the nearest Police Station form his new residence twice in a month. Applicant shall not threaten any of the prosecution witnesses and if any complaint is received against the applicant, prosecution may apply for cancellation of bail. 6. Application is disposed of. (V.M. KANADE, J.)