1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2385 OF 2009 Dr. Sandeep S/o Popat Kawade Versus The State of Maharashtra. WITH CRIMINAL APPLICATION NO.: 2422 OF 2009 Munna (Mangesh) Suresh Bora Versus State of Maharashtra 1. Heard learned counsel for the Applicant/ accused and learned A.P.P. The assisting counsel has tendered injury certificate of the injured victim. 2. The professional rivalry between two medical practitioners has turned into Dr. Pramod Balasaheb Kawade suffering injury over mandible at about 07.45 on 2nd May, 2009 at Karegaon-Bherdapur road. The injury was grievous, with a hard sharp fire-arm with velocity. The initial medical investigation forced for a thorough investigation, considering the nature of injury suffered. 3. The accused/ applicants are in custody from 12th June, 2009. It is canvassed that the injured and the applicant Dr. Sandeep are distinct relatives. Indeed, it was the injured who has inaugurated clinic of Dr. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Sandeep and there could not be any attempt from Dr. Sandeep to eliminate the injured. 4. On behalf of accused/ applicant Munna alias Mangesh it is contended, he is 27 years, a B.Com. student, residing in the locality, clean past record. The counsel cumulatively informed there is no incriminating circumstances, no recovery from any of the applicant and consequently urged for releasing them on bail. 5. The learned A.P.P. pointed out mobile extracts from Dr. Sandeep Popat Kawade (applicant) in 2385 of 2009, which, at this stage, illustrate, he was in constant contact with the accused in custody. The arrested accused have implicated Dr. Sandeep to be the mastermind in eliminating the injured, who has luckily being survived. 6. The accused/ applicant Munna is alleged to be a purchaser of a fire-arm from one Pannu of Ulhasnagar. 7. The investigation is in progress, the release of the accused in a heinous crime, at this stage, will impair the investigation. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 8. Now, during the course of submissions, both learned counsel, urged to withdraw the applications. Applications are allowed to be withdrawn and disposed of. 9. Needless to add, the observations, will not be an impediment for the accused/ applicant in their further attempt seeking bail after the charge sheet. [K. U. CHANDIWAL, J.] Dated:20/07/2009. ans/2385