1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.121 OF 2011 1 Mr. Jitendra Bhagwan Patil 2 Mr. Sanju Bhagwan Patil 3 Mr. Sachin Eknath Patil ...Applicants. v. The State & Anr. ...Respondents. Mr.V.B.Manti i/by Mr.Subhash Hulyalkar ,advs. For the Applicants. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 15, 2011. P.C. 1 Applicants seek to be released on bail in crime no.71 of 2010 registered at Hill Line Police Station, Taluka: Kalyan, District: Thane under Sections 307, 324, 143, 144, 147, 148, 149, 427, 504 and 506 r/w section 149 of the I.P.C. and under the Bombay Police Act. 2 Prosecution case, in brief, is that prior to the incident of this case at the time of election, accused Suresh Patil, Sanjay Patil and Jitendra Patil had quarreled with first informant Shivaji after drinking liquor. Since then relations between two parties were strained. On 11.6.2010 at about 3.30 p.m., applicant Jitendra Patil and his friends went to the hotel of the first informant and under influence of liquor 2 abused his younger brother Vikas. First informant Shivaji complained to Suresh, who is uncle of the applicant Jitendra. That time matter was pacified. However, again at 8.45 p.m. on the same day, Jitendra Patil, Suresh Patil and Ankush Patil, Sanjay Patil, Sachin and others went to the hotel of the first informant and under the pretext of payment of bill started quarreling with each other. Then all these persons came there armed with sticks, iron bars, spades, etc. Jitendra Patil, Suresh Patil and Ankush Patil assaulted on the head and back of Shivaji with wooden handle of spade, iron bar etc. and caused several injuries. At that time one Anjanabai aunt of Shivaji intervened to rescue him. She was also severely beaten. His brother Pramod came and he was also severely beaten all these persons. On the basis of F.I.R. lodged by Shivaji, offence came to be registered. Medical reports reveal that first informant Shivaji had suffered four fractures, i.e., on crown, right hand, left middle finger and right patella. Anjana also suffered contused lacerated wounds on the frontal region of the head of the scalp. Pramod also suffered contused abrasion with swelling of the forehead. From the material noted above, it appears that accused persons had targeted heads of all the three victims and caused injuries including fracture of the crown of Shivaji. 3 The learned counsel for the applicants contended that 3 similar allegations are again the accused Ankush and Shashank @ Nitin and they have already been granted bail and, therefore, on the principle of parity, bail may be granted to the present applicants also. In fact, parity could be found only amongst Suresh Patil, Jitendra Patil and Ankush Patil. Shashank @ Nitin could be compared with other accused persons as per the role played by them . As far as applicant no.2 Sanju Patil and applicant no.3 Sachin Patil are concerned, though they were present and were also armed with sticks, etc., there is no specific allegation that they had assaulted any of the injured persons. Therefore, these two persons may be granted bail. It is true that Ankush Patil, who was granted bail was one of the assailants. At the same time it has to be noted that whole quarrel started because applicant no.1 Jitendra Patil had gone to the hotel of Shivaji at 3.30 p.m. in drunken condition and had abused his brother and again he was in the lead in the attack in the night. Therefore, I find that it will not be in the interest of justice to grant bail to the applicant Jitendra Patil. 4 For the aforesaid reasons, accused Sanju Bhagwan Patil and accused Sachin Eknath Patil be released on their executing PR of Rs. 30,000/- each with surety in the like amount with condition that they shall not tamper with the prosecution evidence. 4 5 Application to the extent of Jitendra Bhagwan Patil stands rejected. (J.H. BHATIA,J.)