IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.3452 OF 2008 CRI.APPLICATION NO.3452 OF 2008 CRI.APPLICATION NO.3452 OF 2008 Shri Sharad @ Hiraman Bhimrao Barve, Applicant Vs The State of Maharashtra, .. Respondent Mr Sarang Kotwal, for the applicant. Mr K.V.Saste, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 17/11/2008 DATE : 17/11/2008 DATE : 17/11/2008 PC: PC: PC: 1. Heard Mr.Kotwal, learned counsel for the applicant and Mr.Saste, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.116 of 2008 of Hinjewadi Police Station, Pune City, Pune. The said crime has been registered against the applicant and 24 others for having allegedly committed an offence punishable under sections 397,307,326,143,147,148, 149,447, 504,506(2),427, and 120(B) of IPC. It is the case of the prosecution that one Prithviraj Kakde had deployed ten watchmen to guard a plot of land bearing survey no.11, situated at Padwalnagar, Thergaon. A mob of 20-25 persons attacked those guards. Some of the guards sustained injuries including one Vijay Sarvade. The applicant alone was apprehended on the spot and all other accused managed to flee. The applicant, thereafter, disclosed the names of 6-7 persons, who allegedly attacked the watchmen. As per the complainant- Vishal Babar, the present applicant assaulted Vijay Sarvade on his head with sword. Vijay Sarvade also supports the statement of the complainant. This court is informed that while filing the chargesheet the police did not supply to the accused persons copies of the injury certificates of the victims. The applicant, however, obtained an injury certificate of Vijay Sarvade under RTI Act and placed a certified copy thereof on record. As per the said certificate, it appears that Vijay Sarvade was not admitted in the hospital and he sustained 4-5 injuries, out of which one was on the head and it is described as lacerated wound "U" shaped 4 x 1 cm. This court is informed that out of 25 accused, so far only two accused have been arrested including the present applicant and the other accused has already been released on bail. Keeping that in view and considering the nature of injuries sustained by Vijay Sarvade and considering that the applicant is in custody since 25.5.2008, I am inclined to enlarge him on bail. It is pertinent to note that the applicant does not have criminal antecedents. Hence, I pass the following order. . The applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall report to the concerned police station every Saturday between 6 and 7 pm for a period of six months and thereafter on every alternate Saturday till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)