KALIM MD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in C.R. No. 247 of 2019 registered with D.N. Nagar, Police Station, Mumbai for offences punishable under Sections, 307 of Indian Penal Code . The applicant was arrested on 7th June, 2019. The FIR was lodged on 31st May, 2019.

(2.) It is alleged that on account of previous quarrel between the applicant and injured, the injured was assaulted by giving two blows by the applicant with iron pipe on his head. He was taken to the hospital. The investigation is completed and charge-sheet is filed.

(3.) Learned Advocate for the applicant submitted that the applicant is in custody from 7th June, 2019. There are no criminal antecedents against the applicant. There was no intention to commit murder, hence, Section 307 would not be attracted in this case. It is submitted that Certificate issued by the Cooper Muncipal General Hospital, Juhu, Mumbai refers to two injuries in the nature of right ear bleed which was grievious in nature and swelling on tempo parietal region which is simple in nature. The applicant is willing to abide any condition.