1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5756 OF 2010 Shashikant Arvind Kumar Ravi ...Applicant. v. State of Maharashtra ...Respondents. Ms Laxmi Mordekar i/by Shri Ravi Dwivedi, advs. For the Applicant. 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 applicant and the learned APP for the State. Perused the police papers. 2 Prosecution case in brief is that because of the some old dispute, the present applicant and his three companions assaulted the complainant Rakesh Gupta with bamboo stick, hands and fist blows. In that incident said Rakesh Gupta suffered some injuries including fracture of clavical bone. Matunga police registered crime no.462 of 2010 under Sections 326, 504, 506 r/w section 34 of the I.P.C. Applicant seeks bail in the matter. 3 Taking into consideration the facts of the case, case could be registered under Section 325 and not under Section 326. On perusal of the photo-copy of the F.I.R., it appears that originally police have also 2 registered the offence under Section 325 and later on, figure ‘5’ was changed to ‘6’ just to make non-bailable offence. Offence under Section 325 I.P.C. is bailable. Accused/applicant is a boy aged about 18 or 19 years. The learned Additional Sessions Judge Mr.K.P.Purohit rejected his bail application, possibly without looking to the case papers carefully. 4 Therefore, the applicant be released on his executing PR of Rs.5,000/- with surety in the like amount with condition that he shall not tamper the prosecution evidence. Authorities below to act on an authenticated copy of the order. (J.H. BHATIA,J.)