1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.870 OF 2010 Gulamali Muradali Makrani ..Applicant V/s The State of Maharashtra ..Respondent ..... Smt.Sushama Savale, Advocate for applicant. Mr.K.S. Patil, APP for respondent. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 1st April, 2010. PER COURT : 1. Heard Smt.Sushama Savale, learned Counsel for applicant and Mr.K.S. Patil, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking regular bail in connection with C.R. No. 89/2008 registered with Akkalkuwa Police Station for the offence punishable under Sections 302, 307, 143, 147, 148, 149, 323, 504, 506 and 34 of the Indian Penal Code and also 37(1)(3) r/w Section 135 of Bombay 2 Police Act, since applicant was arrested thereunder on 14.10.2008 and he is in judicial custody presently. 3. At the outset, applicant had preferred criminal application no.1304/2009 for bail in this Court before filing of the charge sheet, but same was withdrawn by him on 30.07.2009 and thereafter, the charge sheet came to be filed on 06.01.2010. On this background, applicant has preferred present application for bail i.e. after filing of charge sheet. 4. It appears that the complaint was registered on the report lodged by complainant namely Abdul Hakim Abdul Sattar Makrani on 14.10.2008. On perusal of contents of the said complaint, it appears that there are allegations against applicant that he was armed with sickle and thereby he assaulted the injured person namely Salauddin Sher Mohamad Makrani by sickle. However, apparently there are no allegations against applicant that he assaulted deceased Abdula Abdulla Abdul Raheman Makrani during occurrence of the incident. Learned counsel for applicant invited my attention to the injury certificate of said injured 3 person namely Sallauddin Shaikh Mohmad Makrani, which discloses that the said injured sustained following three injuries: (i) CLW over right Supra Orbital region. 0.5* 0.5 cm (ii) CLW over right post anal region, in the groove. 0.5 * 0.5 cm (iii) Contusion over nasal dorsum Oedema + Nasal bone crept ++ # nasal bone 5. It is apparent from the said injury certificate Exhibit `C' that the injuries sustained by injured was not on the vital part of the body. Learned counsel for applicant also submitted that, said injured Sallauddin has been recovered and charge sheet has been filed after completion of investigation, and therefore, there is no propriety in keeping applicant in the custody further more. 6. Learned counsel for applicant placed reliance on 4 the observations made by this Court in criminal application no.2008 of 1997 decided on 30th July, 1997 reported in 1997 V LJ 587 (NOC) wherein it is observed as under :- "the offence alleged against the applicant is under section 307 of the Indian Penal Code. It is the case of the prosecution that the accused/applicant stabbed the victim on the chest with knife. The occurrence took place on 23.03.1997 and the accused came to be arrested on 25.3.1997. It is stated that the chargesheet has already been filed and the victim has fully recovered. On consideration of the entire matter, this Court is of the considered opinion that this is a fit case where the applicant/accused can be enlarged on bail." 7. Considering the facts and circumstances and more particularly, considering specific allegations against applicant and alleged overt act attributed to applicant in the F.I.R. as discussed above and also considering the injury certificate of injured namely Sallauddin Shaikh Mohd. Makrani, I am of the view that applicant has made out case for his enlargement on 5 bail. 8. In the result, the present application is allowed and it is directed that applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount on the condition that applicant shall not tamper with prosecution evidence and shall not influence the prosecution witnesses directly or indirectly. 9. These observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 10. The parties to act upon copy of this order, duly authenticated by the Court Sirestedar. (SHRIHARI P. DAVARE) JUDGE gas/cri870.10