SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5729 OF 2010 1 Laxman A. Honmane 2 Vinod B. Korde 3 Sandip K. Gofane ...Applicants. v. The State of Maharashtra ...Respondents. Ms Jayashri P. Akolkar, adv. For the Applicants. Smt.P.P.Bhosale, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 23, 2010 P.C. 1 Heard the learned counsel for the applicants and the learned APP for the State. Perused the police papers. 2 Prosecution case appears to be that the complainant Samir Gaikar, who is a driver of the BEST bus was driving the bus on link road from Gorai to Shastri Nagar. One auto-rickshaw tried to overtake bus and dashed against the bumper of the bus. Rickshaw driver and the two passengers , who are the present applicants got down from the rickshaw and two of them boarded the bus from the front door and started assaulting complainant Samir. Third of them tried to pull the complainant from the right side of the bus by holding his right hand. Bus conductor, Home-guard and the other passengers intervened and rescued - 2 - the complainant. The complainant was immediately taken to Bhagwati Hospital. Injury certificate reveals tenderness on the right shoulder joint. He was prescribed some tablets and was discharged immediately. The medical case papers reveal that on clinical examination Doctor opined that there was interior shoulder dislocation. However, he advised to check it by X ray. No X ray report is collected by the police. 2 In view of the circumstances in which the incident occurred and the fact that accused persons had only injured complainant by pulling him and by assaulting him with hands and fists, I find that it is fit case to grant bail. 3 Therefore, the applicants be released on their executing PR of Rs.5,000/- each with surety in the like amount in C.R.No.356 of 2010 registered with Bangur Nagar police station. (J.H. BHATIA,J.)