1 BA-1860-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1860 OF 2011 mhi 1. Macchindra Vishnu Bobade ) 2. Rahul Vasant Rokake ).. Applicants vs. 1. The State of Maharashtra ) 2. Police Inspector, Sangvi,Dist.Pune. ) Respondents Shri Pankaj D. Purwe i/b. Shri Subhash Hulyalkar,Advocate, for the applicants. Shri Y.S. Shinde, APP, for the respondents. CORAM: J.H.BHATIA, J. DATE : 20th December,2011. P.C. 1. The applicants, who are original accused Nos. 1 and 2 in Crime No. 318/2011 registered at Sangvi Police Station, Pune, under Section 307 read with Section 34 of IPC, seek to be released on bail. 2. According to the prosecution, the complainant Deepak and the accused persons had previous enmity. On 10.11.2011, when the complainant Deepak went to purchase liquor, the accused Nos. 1 to 4 came there. All the accused were armed with iron rods. Accused Nos. 1 and 2, who are the applicants, assaulted on head, while other two accused assaulted on his legs and injured him. 2 BA-1860-11.sxw On the report of Deepak, offence was registered. He was admitted in hospital and was discharged within 5 – 6 days. Accused Nos. 3 and 4 were granted bail, while accused Nos. 1 and 2 were refused in view of the role played by them in the incident. 3. The learned APP states that medical report is not yet collected by the Investigating Officer, who is present before the Court. However, on instructions, the learned APP confirmed that the complainant had not suffered any fracture of the head or any other bone. In view of the fact that he was discharged within few days, it appears that he had not suffered any serious injury. Admittedly, the complainant himself has a criminal record, while there is nothing like that against the applicants 4. In view of the above, the applicants be released on their executing P.R. of Rs.25,000/- each with a surety in the like amount with condition that they shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)