1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5591 OF 2010 Shri Vilas Hari More ...Applicant. v. State of Maharashtra ...Respondents. Mr. A.A.Garge i/by Ms Deepali Patil ,advs. For the Applicant. Smt. R.V.Newton, APP for the Respondent/State. Mr.D.P.Kengar, Kalyan Police Station present in Court. CORAM : J.H. BHATIA, J. DATED : JANUARY 27, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.146 of 2010 registered at Kalyan Taluka police station for the offences punishable under Sections 143, 147, 148, 308, 326, 324 r/w section 149 of the I.P.C. 2 Heard. According to the prosecution, Gram Panchayat elections were held and candidates belonging to the panel of the present applicant were elected. They had taken out victory procession. Two of them were shouting against the opposite group. One Rambhau suggested them not to create problems as they were already elected. Due to this Kiran More and Nitin More got annoyed and gave stick blows to 2 Rambhau. At that time in the Maruti Zen car of the present applicant, there were swords, sticks, iron bars. All those weapons were taken out by the members of that group including the present applicant and they began to assault members of the opposite group. Several persons from the group of the complainant were injured. In that incident, one Madhukar suffered fracture of the right fore-arm, which was caused by the sharp weapon. As per statement of Madhukar that injury was caused by one Dattu More, who was the brother of the present applicant. One Arvind Kashiwale suffered injuries on the parietal region of skull. However, X-ray report is not available. Others suffered minor injuries. The learned counsel for the applicant contends that 13 accused persons have been granted bail and on the principle of parity, applicant should also be granted bail. The learned APP on instructions states that though in the F.I.R. 14 names were given, three names were added after investigation and out of 17 persons, 13 persons granted bail. Dattu Hari More, who caused fracture to Madhukar with sword is absconding. Investigation is still in progress. Applicant was arrested on 5.11.2010 and period of 90 days is not yet over. 3 Taking into consideration the facts and circumstances, applicant can not be compared with the other accused persons, who had 3 not played any serious role. The present applicant was the leader of the group and his panel was elected and under his leader ship, procession was going on. Not only this, weapons like swords, iron rods, sticks were brought to the spot of the incident in Maruti Zen car of the present applicant. Absconding accused is brother of the present applicant. Taking into consideration the circumstances, it will not be desirable to grant bail to the present applicant when the investigation is in progress. 4 Therefore, application stands rejected. (J.H. BHATIA,J.)