1 cri.appln 4902-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4902 OF 2010 Rajendra Subbayya Harijan ...Applicant vs. The State of Maharashtra ...Respondent Shri Harshad Bhadbhade i/b. Mr.P.K. Waghmare for the Applicant. Smt.G.P. Mulekar, APP for the Respondent. CORAM : J.H. BHATIA, J. DATED : NOVEMBER 19, 2010 P.C. :- 1 Applicant  Rajendra Subbayya Harijan was arrested in Crime No.51/2010 registered with Aarey Police Station, for the offences punishable under Sections 307, 144, 145, 146, 148, 149 IPC and under Sections 4 and 25 of the Arms Act. 2 cri.appln 4902-2010 2 The police papers reveal that on 15 th April, 2010 at about 10 p.m., about 10-12 persons armed with swords, sickles, koyta, bamboo sticks assaulted Suresh Subramaniyam Challayya and caused injuries on his head. His cousin Shriniwas intervened and he was also assaulted. When the people of the locality came there, the assailants ran away. The injured was taken to the hospital. During the same night i.e. on 15 th April, 2010 at about 2 a.m., FIR was lodged wherein names of six persons were given and besides them, 5-6 other persons were shown to be assailants. During the statements of other witnesses, it was revealed that the present applicant was also one of those persons though his name was not shown in the FIR. On perusal of the FIR as well as statements of other witnesses who had seen the present accused, it appears that the present applicant was one of the persons who was armed with a bamboo stick. However, none of the witnesses stated that the present applicant had actually assaulted either Suresh Subramaniyam or his cousin Shriniwas. The names of 3 cri.appln 4902-2010 the assailants and their roles are specifically stated in the FIR as well as the statements of different witnesses. It appears that though said Suresh had suffered fractures of the bone and bleeding from head, immediately after the treatment, he was discharged from the hospital. Another accused viz. Suresh Pechhumuttu Harijan, in the similar circumstances, was granted bail by this Court on 21 st September, 2010. The applicant is in custody since 15 th April, 2010. The investigation has been completed. The charge sheet is filed. Taking into consideration the facts and circumstances noted above, the present applicant also deserves to be granted bail. 3 The applicant be released on bail on execution of P.R. Bond of Rs.25,000/- with one or more sureties in the aggregate sum of Rs.25,000/- subject to condition that he shall not misuse the bail and shall also report at the concerned police station on first Sunday of every month between 10 4 cri.appln 4902-2010 a.m. and 1 p.m. till the trial is over. 4 Application stands disposed of, accordingly. (J.H. BHATIA, J.)