KISHORE CHABU SHEDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant is aged about 20 years and is in custody in CR No.I-37/ 09 for the offence punishable under sections 307, 143, 144, 147, 149, 452, 342, 325, 506 and 427 of IPC. The applicant is in custody since about last six months. The investigation is complete and charge sheet has been filed. All other co-accused are also granted bail and are released.

(2.) IT is the case of the prosecution that there is enmity between the two groups and the applicant belongs to one of the groups. The applicant and his friends are stated to have chased the complainant and his friends and assaulted them. The applicant as per the complaint has assaulted the complainant at the residence of one of the friends of the complainant with mirror and chandelier on account of which the victim suffered injury CLW over occipital region 12cm x 1cm x scalp deep referred to in the injury certificate. The victim is stated to have been admitted in hospital for about two days and thereafter he has been discharged. Learned counsel for the applicant submits that the injury caused to the victim which is attributable to the present applicant is not even a grievous hurt and the charge under section 307 is not made out against the present applicant. Perused the documents including the injury certificate and having regard to the totality of facts and circumstances I am of the view that it would be in furtherance of cause of justice to grant bail to the applicant however subject to certain conditions. It is asserted that the applicant has no criminal antecedent which fact is not disputed by the learned APP and the investigating officer who is present in the court. The applicant is a student. In that view of the matter I direct that the applicant be released on bail on furnishing personal bond in the sum of Rs.20,000/- with one or two solvent sureties in the like amount subject to further condition that the applicant shall not enter Thane district till the trial is over. The applicant shall intimate the Shivajinagar police station his new address within seven days from today and shall report to the nearest police station once in a fortnight between 5.00 p.m. To 7.00 p.m. with intimation to the present police station. 22.7.2009.