1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2149 OF 2010 Machindra Dattatraya Ambre, Age-34 years, Occu-Agriculturist, R/o.Hivargaon Ambre, Tq.Adkole, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.S.T.Shelke, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 06/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 93/2010, registered in Sangamner Taluka Police Station, in which he came to be arrested on 24/04/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. The investigation is not over in this case, but the applicant is behind bars for more than 70 days. It appears that quarrel took 2 place between complainant party i.e. Gorakh Laxman Ambre and one Jalindar Pavase. It is not under dispute that the complainant party in CR No. 93/2010 had been to the residence of said Jalindar to settle the dispute where the present applicant was present. While the discussion was in progress, all of a sudden, scuffle took place between both the groups in which Jalindar assaulted with stick in his hand to Ashok, who later on succumbed due to injuries. In the said quarrel, the present applicant assaulted the complainant, who was initially treated in the local hospital till 25/04/2010 and later on shifted to Sancheti Hospital for his further treatment. Even though the injuries are found on the vital organs, the nature of the injuries are simple, and medical papers do not indicate anywhere that the injured has sustained fracture or any grevious injuries. He was taking treatment till 08/05/2010. 4. One fact is clear that so far as the role attributed to the present applicant is concerned, even though resulted in sustaining grevious injuries by the complainant in CR No.93/2010, about the said incident, another offence was lodged at the instance of wife of Jalindar which was numbered as CR No.94/2010. The said Jalindar as well as the present applicant were also medically examined and they have also sustained certain injuries. Thus the fact is clear that there was free fight between two groups, in which the applicant has also sustained injuries. At the same time, considering the role attributed to him about the assault on the complainant, as demonstrated in the complaint and supported by the eye witnesses, 3 as the applicant is behind bars for about 70 days, and investigation is almost over, case is made out to enlarge the applicant on bail, but on some stringent conditions. Hence order, O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to contact with the prosecution witnesses in CR No.93/2010, registered in Sangamner Taluka Police Station. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2149-10s