1 BA-1467-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.1467OF 2011 Shri Ashok Gopal Kathole ... Applicant (Orig. accused No.1) vs. The State of Maharashtra ... Respondent (Orig. complaiant) Mr. Rohan P. Surve,Advocate, for the applicant. Mr. P.P.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th November, 2011. P.C. 1. The applicant, who is accused No.1 in Crime No.86/2011 registered at Shahapur Police Station, under Sections 341, 325, 323, 307, 504, 506, 427 read with Sectino 34 of IPC, seeks to be released on bail. 2. To state in brief, the first informant Pandurang Gopal Kathole, who was injured in the incident, is the real brother of the applicant. It appears that there were certain disputes between the brothers about the same property. As per FIR, on 7.5.2011 at about 7.15 a.m., injured Pandurang was proceeding by the 2 BA-1467-11.odt motorcycle from the side of Saraswati Vidyalaya. At that time, he was obstructed by his brother and sister-in-law and their two sons. All of them abused and obstructed. The applicant caught hold of his neck and brought him down from the motorcycle. As per the FIR, the applicant and his two sons assaulted on his head and legs with iron rods and caused several injuries. They also caused damage to the motorcycle. The wife of the applicant also assaulted him with iron rods. Due to this, he had suffered fracture of both legs and some other injuries on the chest. After the incident, he was taken to hospital. It appears that though the incident had occurred in the morning at about 7.15 a.m., the FIR was lodged and offence was registered at 16.45 hrs. on the same day. Initially, offence was registered under Sections 341,325, 323, 504, 506 and 427 read with Sec. 34 of IPC. Later on, a supplemental statement of Pandurang was recorded. It showed that the present applicant had assaulted on his head with a sword and therefore Sec. 307 of IPC came to be added. Medical report reveals that Pandurang had suffered fracture of left and right tibia as well as fracture of 9th and 10th ribs of the left side of chest. On the head, there was contused lacerated wound with oozing of blood. Some abrasions were on the left shoulder. Investigation is completed and charge sheet is filed. It appears that Sec. 307 of IPC was added only because there was injury on the head, which was allegedly caused by sword, though in the FIR there was no reference to the use of sword. Though other injuries are grievous, all the 3 BA-1467-11.odt offences other than under Sec. 307 are bailable. 3. In view of the above facts and circumstances, the applicant be released on his executing P.R. of Rs.25,000/- with one or two sureties to make up the amount with condition that he shall not tamper with the prosecution evidence and shall not misuse the bail. He shall attend the police station on first day of every month between 5 to 7 p.m. till end of the trial. (J.H.BHATIA,J.)