{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2957 OF 2010 Satish Bhimraj Shinde APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. H.D.Deshmukh, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16 th August 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with Crime No.58/2010 registered with Newasa police station. It is informed that after rejection of anticipatory bail, the applicant surrendered on 27 th May 2010 and was taken in custody and since then he is in jail. It is also informed that in the said offence, after completion of investigation charge sheet has been filed on 26 th July 2010 before JMFC, Newasa and numbered as RTC No.193/2010. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation. {2} 3. This offence is registered on the complaint of one Dnyaneshwar Waghmare, whose medical certificate is on record. The alleged incident is dated 1st March 2010. It is alleged that the applicant took out a quarrel with the complainant and at that time he was under the influence of liquor and assaulted the complainant with fish cutting knife and due to the said assault the complainant suffered injuries on palm and head. It appears that considering the fact that the complainant had received head injury his application is rejected by the lower court, however, without considering the fact that the complainant was admitted in the hospital on 1 st March 2010 and was discharged on 4 th March 2010. At this juncture, it is not proper on the part of this Court to comment as to whether really the offence u/s 326 of the IPC is made out or not. However, it is certain that due to the medical certificate of the complainant placed on record, case is made out to enlarge the applicant on bail. 4. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 10,000/- and one executing PR bond in the like amount, if not required in any other offence. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2957-10