1appln-1896-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1896 of 2010 Balbirsingh Ratansingh Matharu vs. The State of Maharashtra. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr R. B. Raghuwanshi i/by Rutuja Ambekar, for the Applicant. Mrs M. H. Mhatre, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application. The applicant is arrested for the offences punishable under Sections 307 and 324, read with section 34 of I.P.C.,registered with Central Police Station, Ulhasnagar, District Thane in C.R. No.I-264/2009. 2. The incident took place at early hours of 14th December, 2009 at the place where the marriage in the family of the applicant was being celebrated and persons gathered in the marriage were dancing and also taking liquor. Allegedly, during the said incident there was some altercation between the complainant and the present applicant who was a host in the said marriage party. During the incident brother of the complainant was assaulted by two unknown persons who were also 2appln-1896-10 present in the said marriage party. When the complainant went to rescue his brother, present applicant – host of the party, assaulted the complainant by some sharp edge weapon on his back. Allegedly, seven injuries were sustained by the complainant. Immediately after the said incident on lodging of the complaint by the complainant, Ulhasnagar police arrested the present applicant. On the same day allegedly there was recovery from his house of one knife. However, there were no blood stains on the said knife. But, according to the police it was the knife used by the applicant for assaulting the complainant. From the date of arrest, the applicant is in custody for about six months. Investigation is already over. 3. Apart from the alleged recovery of knife as above, there is nothing incriminating against the applicant except the complainant taking his name as the assailant. Apart from this, there is a statement recorded by the police of one person by name one Amarjitsingh Boomra. He was present in the marriage party and in his statement he narrated that the complainant and his brother were drunk and were indulging in some activities – outraging the modesty of the women present in the marriage and they were censured by the other people present in the gathering and the complainant and his brother were drunk and in fact their behaviour was uncontrollable. Said witness further states that some unknown persons assaulted said two brothers. He does not state the names of the present applicant or any of his relatives. 4. In view of the above factual position, in the opinion of this Court, on certain conditions present application can be allowed. In the result, the following order:- ORDER: (a) Bail application is allowed. 3appln-1896-10 (b) The applicant-accused Balbirsingh Ratansingh Matharu in C.R. No. I-264/2009 registered with Central Police Station, Ulhasnagar shall be released on bail on executing a P.R.bond in the sum of Rs.20,000/-with one surety for the like amount or two sureties for Rs. 10,000/-each. © On availing the bail the applicant shall not tamper with the prosecution witnesses in any manner. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)