1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1801 OF 2009 Nandkumar Bapu Hegde .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Vikas Mali for the applicant. Mrs.P.P.Shinde A.P.P. for the State. Coram: D.B. BHOSALE, J. Dated : 3RD JULY, 2009 P.C. Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.168 of 2008 of Islampur police station, District Sangli. The crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 307, 325, 120(b) of IPC. 3. The prosecution case, in short, is that the present applicant and the co-accused assaulted one Shivaji Wategaonkar on 25.9.2008 at 7.30 pm with sharp edged weapons and also to Kanta, the wife of victim, who attempted to save her husband. The wife – Kanta was assaulted by Sukhdeo. I perused the statement of Shivaji Wategaonkar. There are other eye witnesses also. The other eye witnesses have made allegations against all the accused stating that they all were seen assaulting 2 Shivaji Wategaonkar. Shivaji Wategaonkar, however, has specifically stated that Suhas and Sukhdeo assaulted him with the sword in their hand and he has not attributed any overt act to the present applicant though he has named him in the FIR. It is true that in the concluding portion of the statement he has made allegations against all the accused stating that they attempted to commit his murder. However, the fact remains that no specific overt act is attributed to the applicant by the victim. Keeping that in view and considering overall facts and circumstances of the case I am inclined to enlarge the applicant on bail. Hence the following order: Applicant to be released on bail in the sum of Rs.20,000/- with one or two sureties to make up the said amount, subject to the condition that the applicant shall report the concerned police station on every Saturday between 6 pm and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)