*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3287/2009 Arjun Ramchandra Adhikari. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.R.D.Suryawanshi, Advocate for the Applicant. Ms.S.D.Shinde, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 22nd September, 2009. PC:- 1 This is an application filed under Section 439 of the Code of Criminal Procedure by the present Applicant for bail as he has been arrested on 19.01.2009 in Crime No.I-06/2009 registered with Shahapur Police Station for the offence punishable under Section 307 of the Indian Penal Code and Sections 3 and 25 of the Indian Arms Act. 2 The investigation is over and the charge sheet has been filed. 3 The learned counsel for the Applicant has submitted that the Applicant is innocent and has been wrongly implicated in the crime. 4 It is the case of prosecution that the present Applicant *2* had shot three bullets from the revolver, however, the Complainant caught hold the bore of revolver and directed it upward, hence, the Complainant did not receive the fatal injury. It is also the case of prosecution that the Complainant received a bullet injury on the thumb of the left hand and also in the chest. 5 The learned counsel for the Applicant has invited my attention to the medico-legal certificate issued by the Medical Officer of the Sub-District Hospital, Shahapur dated 10.01.2009 which, strangely enough, does not reveal any injury caused on account of bullet fired from the revolver. The certificate only reveals that two injuries were caused by the hard and blunt object, one of the injuries is on the thumb and another is on abdomen. 6 The learned APP has submitted that the revolver allegedly used by the Applicant for commission of the crime has been seized. However, prima facie the weapon allegedly used in the crime cannot be said to be related to the injuries referred to in the medico-legal certificate. 7 Be that as it may, the present Applicant is in custody for about last eight months. It would take few more years, according to the learned counsel for the Applicant, for commencement of the trial. In all fairness, the learned APP on instructions from the Investigating Officer makes a statement that the Applicant has no criminal antecedents. 8 In the result, I pass the following order:- (a) The Applicant shall be released on bail on execution of a personal bond in a sum of Rs.20,000/- with one or two sureties in the like amount. *3* (b) The Applicant shall attend the concerned Police Station once a fortnight i.e. on every alternate Saturday in between 5:00 pm to 7:00 pm in the evening till the completion of trial. -Sd- (A.P. Deshpande, J)