(1) CR.APP. 1152.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1152 OF 2009 Saheb S/o Ram Chavan, Age: 55 years, Occu.: Driver, R/o Banjara Nagar, Majalgaon, Tq. Majalgaon, Dist. Beed .. Applicant Versus The State of Maharashtra, Through Police Station, Majalgaon, Tq. Majalgaon, District-Beed .. Respondent Mr. S.S. Panale, Advocate h/f. Mr. K.J. Suryawanshi, Advocate for the Applicant Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 8TH JULY, 2009 ORAL ORDER:- 1] The applicant is seeking bail in crime no. 52 of 2009 dated 12.3.2009 registered by Majalgaon Police Station, Dist. Beed for offences punishable under section 326, 323, 504, 506, 336, 34 of the Indian Penal Code. (2) CR.APP. 1152.2009 2] The complainant alleged that on 12.3.2009 at about 6:00 am, the applicant and others entered his house. The applicant was armed with a sword. The other accused Vaijnath was armed with a sickle. The applicant, it is alleged, dealt a blow of his sword on the head of the complainant. The other accused pelted stones and jointly attacked the complainant and others. The complainant sustained injury on his head. It is not clear from the record as to whether this injury was grievous in nature. So, the application of section 326 IPC to the facts of the case is rather dubious. All other accused are released on bail. The present applicant was refused bail mainly because he was earlier convicted under section 379 IPC and was sentenced to suffer 10 months imprisonment. The learned Judge of the lower Court also said that present applicant is facing a case under section 395 IPC. The learned Judge of the lower Court in view of the antecedents of the applicant, refused bail to the applicant. 3] I am however, inclined to grant bail to the applicant. The case of theft in which the applicant was convicted, cannot be considered as an antecedent since the present incident is not of theft. I am told that the applicant is not facing any trial at present, much less a trial under section 395 IPC. The learned Advocate appearing for the applicant (3) CR.APP. 1152.2009 asserted this, but the learned APP does not have any information regarding it. The applicant is in custody since March 16, 2009. Chargesheet is also filed. 4] The applicant is released on bail of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/8july9/cr1152.09