1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1966 OF 2010 Raosaheb S/o.Vithalrao Shinde, Age-33 years, Occu-Agriculture, R/o.Eklara, Tq.Mukhed, Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through Police Station Mukhed, Tq.Mukhed, Dist. Nanded. RESPONDENT Mr.S.B.Bhapkar, h/f. Mr.C.G.Patil, learned counsel for applicant. Mr.P.P.More, learned APP for State. CORAM : A.V.POTDAR, J. DATE : 09/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.67/2010, registered in Mukhed Police Station, Tq.Mukhed, Dist. Nanded for the alleged offence punishable u/s. 307, 323, 506, 34 of IPC. 2. Heard learned counsel for applicant and learned APP for State. Also perused the papers of investigation till carried out. 3. The alleged incident took place in the early hours of 2 22/04/2010, at about 6.30 a.m. As per the allegations in the complaint, some quarrel took place between the applicant and complainant, as according to the complainant while he was passing through his field, he noticed that applicant was removing boundary marks, which is denied by the applicant and during that process, the applicant assaulted the complainant with an axe in his hand. Thereafter, on 23/04/2010, complaint was lodged and the offence came to be registered against the applicant and 2 others. 4. Medical certificate shows that the complainant has received 2 injuries, out of which, one injury is simple while another is fracture injury. It is opined by the Medical Officer that these injuries were caused by sharp and hard substance. The alleged weapon used in the crime is recovered during the investigation. If it is so, the investigation is practically over so far as the role attributed to the present applicant is concerned. 5. According to learned counsel for applicant, since the date of arrest, the applicant is behind bars while the other two accused, who were arrayed as accused in this crime, were earlier released on bail. It is also find place in the statement that the complainant is serving at Bombay and having landed property at village Eklara, Tal.Mukhed, where the alleged incident took place. If it is so, there are no chances of tampering of evidence of prosecution witnesses. In view of this, case is made out to enlarge the applicant on bail, hence order : 3 O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to contact the prosecution witnesses. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1966-10