{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 528 OF 2010 Maroti Venkatrao Bhinge Age-30 years, Occ-Agri R/o Shelahal Tq-Udgir Dist-Latur APPLICANT VERSUS The State of Maharashtra Through Police Station, Udgir RESPONDENT ....... Mr. A.S.Bayas, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 8th March 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.152/2009 registered with Udgir (Rural) police station for an offence punishable u/s 307, 120- B, 188 and 34 of the IPC and under certain sections of Arms Act and Bombay Police Act. 2. Heard learned counsel for the applicant and learned {2} APP. 3. It appears that the said offence is registered on 28th September 2009 at the instance of Police Inspector Mr.Jadhav. It is alleged that the complainant, in the late night, received message from a constable on phone that one Tanaji is attacked with gun shots and is shifted to Government hospital. Consequently, the complainant reached to the Government Hospital where said Tanaji was taking treatment. It is alleged that said Tanaji has disclosed that incident and accordingly offence came to be registered against the applicant. It appears that on 29.09.2009 the applicant is arrested and after completion of the investigation charge sheet has been field on 28.12.2009. 4. According to learned counsel for the applicant, on reading the statement of injured Tanaji, the same does not appear to be probable, as according to the injured he was shot on his chest and even after sustaining bullet injury he could throw stones at the applicant, boarded the bus and got himself admitted in the hospital. The medical certificate indicates that during the alleged incident, the bullet had not entered in the body, however passed from his body. It is brought to my notice that one revolver is also recovered at the instance of the applicant along with cartridge. It is surprising to note that on the query, it is informed that the revolver was not referred to the balestic expert to ascertain as to whether shots were really fired from that revolver. Nor even any {3} attempt is made to collect the empty of the cartridge from the alleged spot of the incident. In the cases of assault with fire arms, report of balestic expert plays vital role. If the arms and ammunition used during the alleged offence are not referred for expert opinion then mere recovery of the revolver is not sufficient to establish the offence. In the premise, due to such type of investigation and as the charge sheet has been field, the applicant is entitled to be released on bail, however by imposing certain condition. 5. In the result, the application is allowed. The applicant be released on bail in connection with CR NO.152/2009 registered with Udgir (Rural) Police Station, on his furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. Applicant is directed not to enter village Davangaon, Tq- Udgir, Dist-Latur till completion of the sessions trial. [A.V.POTDAR, J.] drp/A10/criapln528-10