1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5241 OF 2009 Shri Rupesh Prabhakar Sonawane ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kuldeep S. Patil for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 3, 2009 P.C. :- 1 The applicant has been arrested in connection with an offence punishable under Sections 333, 353, 307 read with 34 of the IPC. 2 It is alleged that the applicant and others had assaulted the police constable after there was some altercation between the two. 3 Counsel for the applicant invited my 2 attention to the statement of the complainant wherein he has stated that he had received injury on his head and on his body and that he was sent to the hospital wherein after taking treatment, he was discharged immediately and thereafter, he came and filed the complaint. It is submitted that from his statement, it is apparent that the injury was not a grievous injury but a simple injury and therefore, provisions of Sections 333, 307 are not attracted in the present case. 4 There is some substance in the submission made by the learned Counsel for the applicant. Though the Investigating Officer was directed to produce Injury Certificate, the said certificate has not been produced. The statement clearly indicates that he was immediately discharged from the hospital after he was treated in the hospital and thereafter, he came and lodged the present complaint. The applicant is a young boy of 21 years of age. There was no criminal antecedents against him. 3 5 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. 6 The application is disposed of. (V.M. KANADE, J.)