20crn1929&1930-09 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1929 OF 2009 Shri Rajkumar Musafir Kahar. ..Applicant. Versus 1. The State of Maharashtra, & 2. Sharad Gangaram Dhumal. ..Respondents. WITH CRIMINAL APPLICATION NO.1930 OF 2009 Shri Yogesh Kisan Dhumal. ..Applicant. Versus 1. The State of Maharashtra, & 2. Sunil Gangaram Dhumal. ..Respondents. .... Mrs.P.B. Walimbe, Advocate for the applicants. Mr.K.S. Patil, Advocate for the Respondent No.2-orig.accused. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 2ND JULY, 2010 P.C. 1. Heard rival submissions at length on both these applications preferred by the respective original complainants for cancellation of regular bails granted to respective 20crn1929&1930-09 2 respondent No.2. In the first matter, the respondent is facing the charges punishable under Sections 324, 504, 506 IPC. In the second matter another respondent is facing the charge of 302 IPC along with other charges for offence of rioting armed with deadly weapons. 2. During the arguments, it is found out that there are rival complaints and cases between the two groups one from present applicants' side and another from present respondents' side. 3. The main ground pressed for cancellation of regular bail granted in favour of respective respondents is alleged violation of the conditions of bail imposed. The conditions were imposed on the respective respondents, in two separate bail orders, that they shall not enter Kalyan & Ulhasnagar police station jurisdictions during the pendency of the trial as the witnesses are residents of those police station areas. 4. Reportedly, after availing the bails both the 20crn1929&1930-09 3 respondents entered the area of village Ghotsai, Taluka - Kalyan on or about 8th April, 2009 and assaulted one Kailas Ramchandra Dhumal by means of fist blows and stone causing him some bleeding injuries. Apparently the names of both the respondents appeared along with their father and other associates in the said complaint for which offence came to be registered at C.R. No.52 of 2009. It is a factual position that after such incident of 8th April, 2009 both the present applications for cancellation of bails were filed on or about 20th April, 2009 before this Court. However, on various grounds the matter came to be adjourned. 5. On asking by this Court whether there was any more serious untoward incident happened during the pendency of the said cancellation of bail applications, it is reported that there is no such serious law and order problem or situation created by the respondents or any of their relatives. 6. During the arguments, learned Advocate for the respondents strongly submitted that the case lodged on 8th 20crn1929&1930-09 4 April, 2009 is false and fabricated case in an attempt to get the cancellation of bail of the present respondents inasmuch as even the house of the respondents was ransacked by the complainant and his other associates and hirelings and infact there was use of firearms and the door of the house was broken down. It is further submitted that they never entered the jurisdiction of Kalyan & Ulhasnagar police station areas and as such there is no emergent circumstances so as to deal with the present applications positively. 7. Considering the overall arguments and considering the pending cross-cases, it would be in the fitness of the situation to give suitable directions to the concerned trial Courts to deal with the pending cases as expeditiously as possible and in the meantime suitable directions can be given to the present respondents to attend the concerned police station near to their present residence. 8. In the result, both the applications are disposed of with following order :- 20crn1929&1930-09 5 :: O R D E R :: [i] Directions are given to the respondent No.2 in both the present applications to report the Ambernath police station twice a week on every Monday and Friday between 10:00 a.m. to 12:00 noon till conclusion of the trials pending against them. [ii] The learned J.M.F.C. who is seized of the case arising out of C.R. No.149 of 2008 of Kalyan Taluka Police station and the learned Additional Sessions Judge who is seized of the case arising out of C.R. No. 197 of 2007 of Kalyan taluka police station shall deal with the said cases and dispose of the same as expeditiously as possible after framing of the charge, if the same is earlier not framed. Both the cases to be disposed of preferably within nine months from receipt of this order by the concerned Courts. [iii] Needless to mention that the concerned Courts 20crn1929&1930-09 6 shall not be influenced by any observations made in the present order so far as merits of the respective cases are concerned. [iv] With these directions, both the present Criminal Applications are disposed of. (A.R.JOSHI,J.)