*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3733/2009 Swapnil @ Gotya Dorkar and others. ..Applicants ­VERSUS­ The State of Maharashtra. ..Respondent ............... Mr.A.P.Mundargi, Senior Advocate i/b Vishranti Navale, for the Applicants. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 10th September, 2009. PC:­ 1 The present Applicants are the original accused Nos.1 to 3 in Crime No.72/2009 registered with Akluj Police Station, district Solapur for the offences punishable under Sections 307, 504 and 506 r/w 34 of the Indian Penal Code. The Applicants are in custody since 22.06.2009. 2 According to the learned counsel for the Applicants, three crimes came to be registered on account of the incident that had taken place on 08.06.2009. Crime No.70/2009 came to be registered on the First Information Report lodged by Tanaji Bhosle who is a person from the Complainant’s side whereas Crime No. 71/2009 came to be registered on account of filing of the First Information Report by Sangram Dorkar who is a person from the present Applicants’ side whereas yet again Crime No.72/2009 has been registered on the basis of the complaint lodged by Baban Baburao Kuralkar. *2* 3 The learned counsel for the Applicants submitted that as a matter of fact only one incident has taken place in the morning on 08.06.2009, however, Crime No.72/2009 has been registered as if the same pertains to the different offence committed at about 11:00 am. The persons from both side are granted bail in Crime Nos. 70/2009 and 71/2009, however, the present Applicants are denied the bail in Crime No.72/2009 by the Sessions Court. 4 Perusal of the First Information Report reveals that the Complainant Baban was assaulted by the Applicant No.1 Swapnil and the Applicant No.2 Vilas by sword whereas the present Applicant No.3 Pandurang was armed with “koyata”. The Applicant No.1 has allegedly assaulted the Complainant on his head. The Applicant No.2 Vilas has also allegedly hit the Complainant by sword on his head. Thereafter, the original accused No.4 is stated to have assaulted the Complainant on the left side of his rib by “koyata”. The Applicant No.1 is also stated to have assaulted the Complainant on his right knee whereas the Applicant No.2 has allegedly assaulted the Complainant on his leg. 5 Perusal of the medical certificate issued by the Medical Officer, Rural Hospital, Akluj, district Solapur shows that only three injuries were sustained by the Complainant. Out of the said three injuries, one is abrasion this is obviously a simple injury and other two are incised wounds on the occipital region, however, the said two injuries are stated to be simple in nature. 6 The learned APP does not dispute that the medical certificate refers the injuries caused on the head as simple injuries. 7 No other injuries appear to have been caused to the *3* Complainant though various acts of assaults are elaborately stated with precision in the First Information Report. No one else barring the Complainant has suffered any injury is the fact which is undisputed. 8 Having regard to totality of the facts and circumstances and having regard to the nature of incident which had taken place coupled with the fact that the Applicants are in custody for about two and half months, I deem it appropriate to release the Applicants on bail, however, by imposing suitable conditions. 9 In the result, I pass the following order:­ (a) The Applicants shall be released on bail on executing a personal bond in a sum of Rs.10,000/­ each with one or two sureties in the like amount. (b) The Applicants shall not enter Akluj town of district Solapur for a period of three months from the date of their release. (c) The Applicants shall intimate Akluj Police Station their new address where they propose to stay for a period of three months after their release. (d) With such an intimation to the Akluj Police Station, the Applicants shall attend the nearest Police Station from their new residence once a week for a period of three months i.e. on every Saturday in between 4:00 to 6:00 pm. (e) The Application is allowed and disposed of accordingly. (A.P. Deshpande, J)