IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1979 OF 200 CRI.APPLICATION NO.1979 OF 200 CRI.APPLICATION NO.1979 OF 2009 1. Eknath Anant Nadkarni, 2. Satish Rajaram Ghotage, 3. Ganpat Dattaram Desai, 4. Chetan Tatobe Desai, 5. Vijay Chandrakant Mhavalankar, 6. Sanjay Ramakant Virnodkar, 7. Vishnu @ Vijay Satyawan Desai, 8. Gurunath Vasudev Mhavalankar, 9. Uttam Ankush Desai, 10.Shriniwas Atmaram Desai, 11.Tushar Gajanan Sapale, 12.Premanand @ Milind Laxman Naik, 13.Kamlakar Harishchandra Bhise, 14.Mansingh Rajaram Desai, 15.Vaman Laxman Ghotge, 16.Manoj Krishna Sawant, .. Applicants. Vs 1. State of Maharashtra, 2. Inspector of Police Dodamarg Police Station, Dist-Sindhudurg. .. Respondents. Shri Shrish Gupte, Senior Counsel, i/b Rajendra S.Desai, for the applicants. Mr K.V.Saste, APP, for the respondent-State. Mr A.S.Khandeparkar, for the original complainant. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 08/05/200 DATE : 08/05/200 DATE : 08/05/2009 PC: PC: PC: 1. Heard learned counsel for the parties. 2. The applicants are seeking bail in C.R.N.18 of 2009 of Doda Marg Police Station, Dist-Sindhudurg. The crime has been registered against the applicants for having allegedly committed an offence punishable under sections 302,143,147,148, 149,324,323,504,506, 427 and 188 of IPC. 3. Mr Gupte, learned senior counsel for the applicants, submits that he has instructions not to press this application on behalf of applicant nos. 1,2,4 and 5 and seeks liberty to apply for bail before the Sessions Court after filing of the chargesheet. The application filed by applicant nos 1,2,4 and 5 is, accordingly, disposed of as not pressed, with liberty to those applicants to file application for regular bail before the Sessions Court after filing of the chargesheet. 4. All the applicants are residents of village Kalane, Taluka-Dodamarg, Dist-Sindhudurg. It appears that some lands were taken by Minerals and Metals Ltd (for short "the company") for mining activities within the jurisdiction of the village-Kalane. The company also started constructing road, which was passing through the lands of some of the villagers. On this, the entire village was unhappy, and there was an agitation of Rasta Roko on 19.3.2009 since morning at 9 am. Some time in the afternoon, between 3 and 4 pm, there was a riot, in which the present applicants and some villagers allegedly assaulted security guards of the company with sticks, stones, and fist and kick blows. During investigation, 4-5 sticks were found at the scene of offence. One Yusuf sheikh, the security guard, sustained serious injuries and he succumbed to the injuries in the hospital. I have perused the FIR dated 20.3.2009 lodged by Vidhyadhar Gawade. He has narrated the incident in which Yusuf Shaikh died. 5. The allegations in the FIR is that the first five applicants and 10-15 others assaulted the security guards. One Yusuf Shaikh, the security guard, sustained serious injuries. The mob of about 15-20 persons pelted stones and also assaulted with sticks. Mr Gupte, learned senior counsel for the applicants, submitted that the manner in which the incident occurred, it cannot be stated that the mob had an intention to kill Yusuf. He then submitted that the provisions of Section 302 cannot be stated to have been attracted and the offence would, at the most, fall under section 304, Part-II of IPC. I would not like to express any opinion, at this stage on the submissions of Mr Gupte. The trial Court will consider, in the course of hearing, whether the provisions of Section 304, Part-II of IPC are attracted. Considering overall facts and circumstances of the case and the manner in which the incident occurred, I am satisfied that continued detention of applicant nos 6 to 16 in the present case is not necessary. 6. Insofar as applicant no.3 is concerned, Mr Gupte, learned senior counsel for the applicants, submits that due to some heard ailment he is in hospital since last 15 days. This statement of Mr Gupte, has not been disputed by the learned APP. In view thereof, I am satisfied that his continued detention is not necessary. In the circumstances, I pass the following order. . Applicants No.3- Ganpat Dattaram Desai, no. 6-Sanjay Ramakant Virnodkar, no.7-Vishnu @ Vijay Satyawan Desai, no.8-Gurunath Vasudev Mhavalankar, no.9-Uttam Ankush Desai, no.10-Shriniwas Atmaram Desai, no.11-Tushar Gajanan Sapale, no. 12-Premanand @ Milind Laxman Naik, no. 13-Kamlakar Harishchandra Bhise, no.14-Mansingh Rajaram Desai, no.15-Vaman Laxman Ghotge and no.16-Manoj Krishna Sawant, are directed to be enlarged on bail in the sum of Rs.5,000/- each with one or two sureties to make up the said amount, subject to condition that they shall report to the concerned police station on every Saturday between 10 am and 11 am till filing of the chargesheet. It is needless to state that the applicants shall co-operate with the investigation and shall attend the police stations not only on Saturdays, as aforestated, but also whenever their presence is required for further investigation. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)