[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2381 OF 2008 1. Dipak Gautam Pandey 2. Sunil Gautam Pandey ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.Sachin B.Thorat Advocate for Applicants Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.307 of 2008 of Samata Nagar Police Station, Mumbai. The said case is mainly under Sections 323, 353 r.w. 34 of IPC. 3. The prosecution case is that the complainant who is traffic constable, was controlling traffic at Kandivali. The applicants were asked to keep back and not to come forward. Despite that they [-2-] started coming forward. Hence, heated exchange of words took place between the accused and the complainant. Thereafter, applicant no.1 beat the complainant by fist and kick blows. It resulted into injury to the complainant including fracture of the nose. 4. The learned APP has pointed out that applicant no.1 is involved in many other offences. The details of which are as under: ------------------------------------------------- Sr.No. C.R.Nos. Offences and P.St. ------------------------------------------------- 1. 197/07 324/34 of IPC of Samtanagar Police Station. 2. 209/08 324 and 307 r.w. 34 of IPC of Samatanagar Police Station ------------------------------------------------ 5. Looking to the above facts, I am not inclined to grant bail to the applicant no.1. 6. As far as applicant no.2 is concerned, he has clean record. It is not the case of the prosecution that he assaulted the complainant. Hence I am inclined to grant bail to the applicant no.2. [-3-] 7. The applicant no.2-Sunil Gautam Pandey be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant no.2 to report to Samtanagar police station, Mumbai once in a fortnight till the conclusion of the trial. 8. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]