1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.629 OF 2010 Baba @ Ajit Suresh Waghmare, Age-23 years, Occu-Business, R/o.Maliwada, Ahmednagar, Dist.Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through its Police Station In-charge, Kotwali Police Station, Ahmednagar, Dist. Ahmednagar RESPONDENT Mr.A.K.Gawali, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.354/2009, registered in Kotwali Police Station, of Ahmednagar in which the applicant came to be arrested on 31/12/2009. 2. Heard learned counsel for applicant, followed by the submissions of learned APP for State. Also perused the papers of investigation till carried out, particularly the allegations made in the 2 complaint against the present applicant. 3. It appears that the said offence came to be registered on the complaint of one Shaukat Sayyad, who claimed to be the friend of present applicant. On the date of incident, i.e. on 01/11/2009, in the evening, after he alighted from the ST bus, this applicant with others, who are the friends of complainant met him and insisted to go to consume liquor, but the complainant refused to accompany them, as he was not in a mood, as he just came from out station. Due to that, the applicant and his associates annoyed and gave sword blow on the head of complainant, in which the complainant sustained injuries. It is contended that on the very next day, within 24 hours, the complainant was discharged from the hospital. According to the applicant, the nature of injuries sustained by the complainant are of simple nature. Other 2 accused were released on bail. Hence prayed to release on bail on the ground of parity. 4. The learned APP opposed the bail application on the ground that the applicant is a history sheeter. 5. Some points require to be considered, first is that since the date of arrest, for 52 days, the applicant is in custody. Now nothing incriminating to be recovered at the instance of applicant. Secondly, the complainant has not arrayed the present applicant in the said offence on the rival terms, but the complainant claimed that the applicant is his friend, and third, no medical papers are given before 3 the Court showing the nature of injuries sustained by the complainant as defined u/s. 320 of The IPC. If it is so, the applicant has gone for sufficient period in the custody. In the premise, even though the charge sheet is yet to be filed, the applicant is entitle to enlarge on bail, but on following terms. 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 leave the local jurisdiction of Kotwali Police Station without previous permission in writing from the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.629-10