BA-697-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.697 OF 2011 Dinesh Manohar Gaikwad ... Applicant V/s. The State of Maharashtra, Thru' Powai Police Station, Mumbai ... Respondent Mr. C.K. Talekar for the Applicant. Mrs. A.A. Mane, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 8 TH JUNE, 2011. P.C. : 1. Heard Mr. Talekar, the learned Advocate for the Applicant and Mrs. Mane, the learned APP for the Respondent. 2. The Applicant was arrested on 23rd March, 2011 on the allegation of having committed offences punishable under Section 326 IPC and 504 IPC. He continues to be in custody since then. 3. The main contention advanced by Mr. Talekar is that though initially the case was registered in respect of the offence punishable under Section 326 of the IPC, at the time of filing the Charge Sheet, the Police levelled accusation only of an offence punishable under Section 324 of the IPC. That, factually this statement made by Mr. Talekar is correct, is not in dispute. BA-697-11.sxw 2 Dixit 4. Mrs. Mane, the learned APP, submitted that, later on, the Police made an application to the Magistrate stating that, by oversight, while filing Charge Sheet, the mention of an offence punishable under Section 324 of the IPC was made instead of offence punishable under Section 326 of the IPC. 5. However, on going through the copy of the Charge Sheet submitted by Mr. Talekar, which is taken on record, I do not find that there is any medical evidence to indicate that the injury caused to the victim amounted to grievous hurt. In fact, it is clear from the order passed by the learned Magistrate on 24th May, 2011, that the injury was held to be grievous hurt on the basis that it would fall in the category mentioned in Clause Eighthly of Section 320 of the IPC. However, even for such conclusion, I do not find the existence of any material in the Charge Sheet. It is not in dispute that the victim was not admitted in hospital and was treated merely at the OPD. Only a solitary blow was given which, according to the Medical Certificate, found in the Charge Sheet, caused only a simple injury. 6. Even otherwise, there are no antecedents. This is, therefore, not a matter where the Applicant needs to be detained in the custody till the entire trial would be over. 7. The Applicant be released on bail in the sum of Rs.20,000/- with one surety in like amount, or two sureties in the sum of Rs.10,000/- each. [A.M. THIPSAY, J.]