1 Cri-A-5613-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5613 OF 2010 Siddheswar Janyabhau Shinde ... Applicant Vs. The State of Maharashtra ... Respondent Mr. K.S.Patil,Advocate, for the applicant. Smt. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th January, 2011. P.C. 1. Heard. Perused the copy of the FIR and medical papers. 2. The prosecution case, in brief, is that on 27.10.2010, the present applicant Siddheswar and two other accused Sanjay and Rajendra were chasing the person who used to deal in scrap. The accused persons asked Baliram nephew of the first informant, as to where that scrap dealer had gone. Saying so, they assaulted Baliram. When the complainant Narendra intervened to save his nephew, the present applicant assaulted on his back with a sickle while two other accused had caught hold of his hands. Due to this the complainant suffered bleeding injuries and was taken to hospital. Manikpur Police Station in Thane Dist. registered Crime No.401/2010 under sec. 326, 323 read with Sec.34 of IPC. 2 Cri-A-5613-10.sxw 3. The medical report from the Golden Park Hospital, where both the injured were taken, shows that the complainant Narendra had suffered deep contusion over left scapular region. Baliram had suffered deep contused lacerated wounds. The medical report does not disclose that any grievous hurt was caused. This Court had granted bail to Sanjay and Rajendra by order dated 10.1.2011 in Cri. Appln.No.5361/2010. It appears that originally, the police had registered offence under Sec. 324, but later on the figure "4" was changed to "6". There is no material to show why Sec. 326 was added. The applicants were arrested on 28.10.2010. If the offence would be under Sec. 324 and if the charge sheet would not have been filed within 60 days, the applicant would be entitled to be released on bail. The Investigating Officer has not filed the charge-sheet till this day, though the applicant is in custody for more than 60 days. 4. In view of the above circumstances, the applicant Siddheswar be released on his executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence and shall also attend Manikur Police Station on every Sunday between 11 a.m. to 1 p.m. (J.H.BHATIA,J.)