1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4481 OF 2009 1. Hemant Sandip Patil 2. Nandkumar @ Govind Ananta Sambare 3. Milind Shivram Sambare 4. Sudhir Mahadev Sankhe 5. Tajas Narayan Bhoir @ Sankhe 6. Nitin Narayan Bhoir 7. Sandip Narayan Bhoir 8. Ramesh Vitthal Sutar ..... Applicants. V/s The State of Maharashtra ..... Respondent. Mr. S.A. Ingawale for the applicants. Mr. H.J. Dehia, APP for the State. CORAM: V.M. KANADE, J. DATE : 20TH NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP appearing on behalf of the State. 2. A complaint is registered against the applicants for the offence punishable under sections 307, 347, 354, 341, 323, 2 427, 504, 506, 120-B of the Indian Penal Code and under sections 3, 25 of the Arms Act so also under sections 37(1)(3) & 135 of the Bombay Police Act at Vikramgad Police Station vide C.R. No.I-45/09. 3. Counsel for the applicant has invited my attention to the injury certificate which indicates that injury is simple and is caused by a hard wooden object. Prima faice, therefore, it is submitted that that provisions of section 307 are not attracted. It is submitted that charge-sheet now has been filed and the complainant did not know the applicants. However, persons who were accompanying her knew the applicants. Their statements, however, are recorded after a lapse of seven days. He, therefore, submitted that possibility of the applicants name being falsely implicated cannot be ruled out on account of political rivalry since the applicants and the complainant belonged to two different political parties. 4. There is much substance in the submissions made by the learned Counsel appearing on behalf of applicants. Apart from that since charge-sheet is filed and, prima facie, provisions of section 307 IPC are not attracted, taking into consideration the injury certificate, applicants deserve to be released on bail. 3 6. Applicants be released on bail in C.R. No.I-45/09 registered with Vikramgad Police Station in the sum of Rs 5000/- each with one or two sureties each in the like amount. Applicants shall report to the concerned Police Station once in a a month. They shall, however, not threaten the complainant or tamper with the prosecution evidence. 7. Application is disposed of. (V.M. KANADE, J.)