{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.185 OF 2010 Revannath Pandharinath Ghule Age-35 years, Occ-Agriculture R/o At Post, Nipani Jalgaon, Tq-Pathardi, Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Police Station Pathardi, Dist-Ahmednagar RESPONDENT ....... Mrs.S.S.Jadhav h/f Mr.P.R.Nangare, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 9th February 2010 PER COURT: 1. By this application, the applicant, who is an accused in CR No.321/2009 registered with Pathardi police station, has prayed to release him on bail as he is arrested on 29.11.2009 and since then is in jail. 2. Heard learned counsel for the applicant and learned APP. {2} 3. It appears that the offence is registered on the complaint of one Rajendra in respect of an incident dated 28.11.2009. Perusal of complaint shows that the dispute was aroused between complainant, his cousin and family members on one side and applicant, his father and others on the other side, on a trivial matter as small children of the complainant had damaged crop of applicant and though the complainant was ready to compensate, yet free fight took place. It appears that during the scuffle the applicant and his father also received injuries for which they have also lodged a complaint at CR No.363/2009 and immediately they were referred to the hospital. The nature of injuries sustained by the applicant and his father was simple. It also appears that in respect of the said incident a complaint is lodged against the applicant. It is alleged that the applicant has assaulted the cousin of the complainant with gupti near his private part. Medical certificate indicates that there was stabbing injuries on the person of cousin of the complainant. 4. Learned APP has opposed the application on the ground that identification and role played by the applicant is stated by the eye witnesses and even the gupti used by the applicant during the assault has been recovered at his instance. Learned APP has urged that the applicant was holding a deadly weapon in his hand at the time of assault and hence he be not released on bail. {3} 5. It is clear that the alleged incident took place on account of a trivial quarrel and during the said quarrel the complainant and his cousin were assaulted by the applicant and his father. It cannot be said that the said assault was a premeditated assault and looking to the nature of injuries it cannot be said that the same were serious and would have resulted into death, had not been treated immediately. In the premise and considering fact that the applicant is behind bars for a considerable time, case is made out to release him on bail. 6. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 20,000/- and on executing PR bond in the like amount. The applicant is directed not to enter village Nipani Jalgaon, Tq- Pathardi, till commencement of the trial. The applicant is at liberty to apply for relaxation of condition after commencement of the trial, by moving the trial court. [A.V.POTDAR, J.] drp/A10/criapln185-10