1 CR.APP.NOS.1803 & 1805 OF 2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1803 OF 2009. Pintu @ Vishal Sudam Giri ...Applicant. Versus The State of Maharashtra ...Respondent. WITH CRMINAL APPLICATION NO.1805 OF 2009. 1. Sudam Bajirao Giri. 2. Maruti S/o Gangaram Gosavi. 3. Vijay S/o Gangaram Gosavi. 4. Balu S/o Gangaram Gosavi. 5. Rajendra S/o Gangaram Gosavi. 6. Bapu S/o Gangaram Gosavi. 7. Rajendra S/o Gokul Bharti. 8. Popat S/o Kisan Bharti. 9. Baban S/o Pralhad Bharti. 10.Amol S/o Bapu Gosavi. 2 CR.APP.NOS.1803 & 1805 OF 2009. 11.Sagar S/o Bapu Londhe. 12.Rajendra S/o Babasaheb Randive. 13.Pramod S/o Sambhaji Shalke. 14.Pappu @ Vitthal S/o Kisan Jagtap. ...Applicants. (Ori.Accused.) Versus The State of Maharahstra ...Respondent. ... Mr.N.V.Gaware, Advocate for the applicants in both the applications. Mr.J.S.Gavane, APP for the respondent/State in both the applications. Mr.D.B.Bhange, Advocate for the original complainant to assist the prosecution, in both the applications. ... CORAM: A.V.NIRGUDE,J. Date : 29th June, 2009. COURT'S ORDER: 1. The applicants are seeking anticipatory bail in Crime No.I-97/2009 registered at Karjat Police 3 CR.APP.NOS.1803 & 1805 OF 2009. Station, Dist.Ahmednagar. 2. The applicants and others are accused of committing offence punishable under Sections 143,147, 149, 324, 323, 504, 506, 436 of the Indian Penal Code & under Section 3(1) (x) of Atrocities Act & 7(1) (d) of the Protection of Civil Rights Act. 3. It is alleged that on 27th May, 2009 at about 10.00 a.m. The applicants and other accused launched assault with the help of weapons like axe and sticks on the complainant and others. The complainant sustained grievous injury ( his index finger was cut off) and other two witnesses sustained simple injuries. The complainant and his companions belonged to Scheduled Caste, whereas the applicants and other accused belonged to non-Scheduled Caste. It is common ground that the complainant and accused Bapu Bajirao are engaged in a civil litigations over a piece of land situated at village Bhambora. On 8th May, 2009, Bapu Bajirao made a private complaint to the JMFC, Karjat against four persons belonging to the complainant's group. He alleged that at about 10.30 a.m. On 1st May, 2009, his adversaries assaulted him, when he tried to cultivate the above mentioned disputed land. It is thus clear that the dispute over the land between the complainant and 4 CR.APP.NOS.1803 & 1805 OF 2009. Bapu Bajirao was bickering for quite some time. All the applicants are named in the FIR as assailants. It is alleged that they and others not only attacked the complainant and his companion but even abused them on the basis of their caste. 4. The learned Advocate appearing for the applicants asserted that this is a case of exaggeration and the applicants are falsely involved in the case. He pointed out that the other accused whose active participation is specifically mentioned in the complaint were arrested. He pointed out further that as against the present applicant, there are no specific roles alleged against them. He further pointed out that the complainant's rights to the disputed land were taken over by one Londhe and he is now interested in the land and that he is capable of falsely implicating as many people of Bapu's group in a case of this nature, as possible. He further pointed out that in the village certain political rivalry is in existence and that the applicants and others belong to one group. Whereas, the complainant belong to the other group. There is no doubt that in a case like this, exaggeration to some extent and even false implication of some peripheral persons is possible. However, it can not be said with certainty except applicant Pintu that the applicants were not present when the incident 5 CR.APP.NOS.1803 & 1805 OF 2009. took place. I think, there is sufficient material against the applicants except applicant Pintu that they were party to not only the violence but also the abuse on the basis of caste. 5. The applicant Pintu makes out a case for anticipatory bail because apparently on that day, he had attended his duty at Pune, a place at about 110 K.M., away from the village. A document produced on record shows that accused Pintu @ Vishal at about 10.00 a.m. was present at certain Office at Pune. So, he, it seems, is apparently falsely implicated in this case. i) Criminal Application No.1803/2009 is allowed. In the event of the applicant Pintu @ Vishal Sudam Giri's arrest in this case, he shall be released on bail of Rs.5,000/- (Rs.Five Thousand only), with one surety in the like amount. ii)Criminal Application No.1805/2009 stands rejected. 6. The observations made in this order, shall not influence the trial Court Judge. 7. Mr.D.B.Bhange, learned Advocate is permitted to assist the prosecution on behalf of the original 6 CR.APP.NOS.1803 & 1805 OF 2009. complainant. Criminal Application No.2167/2009 in Criminal Application No.1805/2009 & Criminal Application No.2168/2009 in Criminal Application No. 2103/2009 stand disposed of. (A.V.NIRGUDE,J.) lkp.