1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.160 OF 2011 Tushar Shivaji Kamble alias Narendekar ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Ganesh Gole ,adv. For the Applicant. Smt.G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 10, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.92 of 2010 registered at Shivaji Nagar Police Station Ichalkaranji for the offences under Sections 307, 147, 148, 149 and 504 of the IPC. 2 Prosecution case in brief, is that the first informant Amir Abbas Sanadi and his cousin Ahmed were passing by the road. At that time, the present applicant, and his companions stopped them and one Siddharth, who was companion of the present applicant asked first informant and his cousin to walk silently and after shutting their mouth when they would be passing in front of these persons. Saying so, they abused and also gave fist blows. Those persons dragged Amir towards the lane of the house of Siddharth. There present applicant brought a 2 sword and assaulted the first informant Amir saying that he would not leave him alive. When Ahmed tried to rescue Amir, the present applicant also assaulted him with sword repeatedly. Report of the incident was lodged almost immediately and the offence was registered on 16.9.2010 at 00.10 hrs. Medical report of Amir shows that he had suffered incised wounds with fracture of the radius and ulna bone of the left arm. Ahmed had suffered 6 incised wounds with fractures of the radius, ulna and left elbow. It shows that applicant had assaulted them severely with number of blows with sword. The learned counsel for the applicant contends that applicant had also suffered several injuries and this shows that the real facts are not stated in the F.I.R. On perusal of the papers, it appears that applicant was arrested on 18.9.2010 in the evening and was sent for medical examination at 7.25 p.m. Medical report shows that he had suffered 3 superficial injuries on different parts of the body. There is no explanation why applicant was absconding for three days and why he did not approach police if he was assaulted by the opposite side. Taking into consideration number of injuries and the weapon used by the applicant, I find that prima-facie case under Section 307 is made out against him and it is not a fit case to grant bail to him. 3 Application stands rejected. (J.H. BHATIA,J.)