(1) CRI.APP. 3885.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3885 OF 2010 Gorakh S/o Bhagwat Dhaigude, Age : 22 years, Occu.: Labour, R/o Chopadyachiwadi, Tq. Georai, Dist. Beed .. Applicant (Accused) VERSUS 1. The State of Maharashtra Copy to be served on the Secretary of Home Dept., Mumbai through Public Prosecutor, High Court Bombay, Bench at Aurangabad 2. The Superintendent of Police, Beed .. Respondents ... Mr. M.M. Patil Beedkar, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 19TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is arrested in connection with crime no. 76 of 2010 registered at Talwada Police Station for offence under section 326, 323, 504 of the Indian Penal Code. (2) CRI.APP. 3885.2010 3. Heard learned Advocate for the applicant and learned APP for the State. 4. Allegedly on 12th July, 2010, injured informant Rajabhau was returning home after tying a pair of bullocks to the plough. The applicant allegedly came from opposite direction and started untying of the bullocks. When asked for reason to do so, he abused and assaulted the informant-Rajabhau. He picked up stone from the road and dealt a blow on abdomen of the informant. The informant was injured and fell down. He lost consciousness. He was rushed to hospital by his wife. He was admitted in a private hospital at Beed and thereafter, in a Trust hospital at Aurangabad. He was operated in the Trust hospital. 5. What appears from the record is that the incident took place at spur of the moment and there was perhaps a dispute regarding the agricultural land. The FIR does not show however, the nature of dispute. The FIR does not show as to why the applicant was annoyed when the pair of bullocks was tied to the plough by the injured. In other words, (3) CRI.APP. 3885.2010 the genesis of the incident is rendered as obscurity. It appears that the injured was required to undergo the operation as a result of the injury sustained by him on the abdomen. The medical certificate shows that the injury was of grievous nature. The injured informant was found to have sustained perforation peritonitis. The applicant was enraged and probably picked up a stone from the road at that time. The fact that he was un-armed before the commencement of the alleged incident is indicative of absence of any pre-planned assault. 6. Under the circumstances, the applicant may not be responsible for offence punishable with death or imprisonment for life. Hence, the Application under section 439 of the Cr.P.C. may be allowed in following terms:- I. The Application is allowed. II. The Applicant be released on bail on furnishing of personal bonds in sum of Rs.20,000/- (Rs.Twenty Thousand) alongwith a surety bond in the like sum, to the satisfaction of the concerned Court and on further condition that he shall not contact (4) CRI.APP. 3885.2010 the informant (injured) or any of the prosecution witnesses and shall not make any endeavour to tamper with the prosecution evidence. 7. Application is accordingly disposed of. Sd/- [V.R. KINGAONKAR, J.] arp