{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1813 OF 2010 1. Ajay s/o Sanjay Kadam Age-20 years, Occ-Student 2. Subhash s/o Bhimrao Gaikwad Age-36 years, Occ-Labour 3. Amol s/o Devrao Garad Age-35 years, Occ-Labour 4. Arvind s/o Sudarshan Kadam Age-20 years, Occ-Education 5. Santosh s/o Bhaurao Renge Age-22 years, Occ-Education 6. Balu s/o Khandu Renge Age-30 years, Occ-Labour All R/o Ghoti, Tq-Kinwat Dist-Nanded APPLICANTS VERSUS The State of Maharashtra Through Police Station, Kinwat Dist-Nanded RESPONDENT ....... Mr. N.N.Chitlange, Advocate for the applicants Mrs. V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] {2} DATE: 18th June 2010 PER COURT: 1. By the present criminal application, the applicants have prayed to release them on bail in connection with CR No. 41/2010 registered with Kinwat police station, Dist-Nanded for an offence punishable u/s 326, 336, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, as the applicants are arrested on 21st April 2010 and since then they are in jail. 2. It is informed that after completion of investigation charge sheet has been filed on 13th May 2010 before the JMFC, Kinwat and the case is numbered as RCC No.94/2010. 3. Heard learned counsel for the applicants followed by learned APP. 4. It appears that the alleged incident, on the basis of which the present offence is registered against 13 persons, took place at about 9.00 a.m. It is alleged that a quarrel took place between the applicants and others on one side and the complainant on the other side on a trivial count. It appears that during the said quarrel three persons were injured. Perusal of the common injury certificate of all the three injured persons, indicates that the nature of the injures described is simple with {3} hard and blunt object. In the premise, at the first instance, whether section 326 will apply or not is a debatable question. The applicants have already undergone custody for sufficient time so also they are local residents and in view of the fact that there is no possibility of interference with the investigation as the same is over and taking into consideration the fact that other 7 accused are already released on bail coupled with the fact that there is huge pendency of criminal trials before the Court of Magistrate, and hence it is not desirable to detain the applicants behind the bar for uncertain period. In the premise, in exercise of extra ordinary jurisdiction vested in this Court the applicants can be set at liberty. 5. In the result, the application is allowed. All the applicants be released on bail in connection with CR No.41/2010 registered with Kinwat police station, Dist-Nanded on their furnishing surety in the sum of Rs.10,000/- each and on executing PR bond in the like amount. The applicants are directed not to contact or tamper with the prosecution witnesses. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1813-10