1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.974 OF 2010 Baliram Arjun Ralebhat and another. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mrs.S.S. Jadhav, Advocate for applicants. Mr.P.P.More, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 29th March, 2010. PER COURT : 1. Heard Mrs.S.S. Jadhav, learned Counsel for applicants and Mr.P.P.More, learned A.P.P. for respondent. 2. This is an application preferred by applicant nos. 1 and 2 seeking regular bail in connection with C.R. No.I-43/2009 registered with Jamkhed Police Station for the offence punishable under Sections 302, 143, 147, 148, 149, 325, 337, 323, 504, 506 of the Indian Penal Code, since they were arrested on 1st April, 2009 and on 20th June, 2009 respectively and they are 2 under judicial custody presently. 3. It appears that the alleged incident occurred in the night of 31st March, 2009 at about 9 p.m. in front of Bhagyalaxmi theater, situated on Jamkhed-Beed road and complaint was registered on the report lodged by one Sanjay Maruti Janjire on 1st April, 2009. Role attributed to applicant nos.1 and 2 herein is that on the instigation of co-accused Balu @ Baliram Arjun Ralebhat, they went inside and brought wooden sticks and thereafter, applicant no.2-Hiraman Dasu @ Sahadu Andhare participated in the assault upon deceased Avinash Tukaram Bharate by stick as well as applicant nos.1 and 2 assaulted injured Ashok Salunke by sticks and thereafter, the said injured Ashok Salunke got relieved himself and fled away. Admittedly, the said wooden sticks have been recovered. No doubt, it is free fight between two groups and injured Ashok Salunke sustained fracture and disability as per the injury certificate dated 01.04.2009. 4. However, considering role of applicant no.1 herein namely Baliram Arjun Ralebhat, he has only instigated 3 other accused, but he did not participate in the assault on deceased Avinash Bharate. No doubt, he participated in assault by stick upon injured Ashok Salunke, who sustained fracture and disability as aforesaid. Certainly, he did not participate in the assault upon the deceased Avinash Bharate. 5. Besides that learned counsel for applicants invited my attention to Exhibit `A' i.e. disability certificate dated 21st December, 1999, which discloses that applicant no.1-Baliram suffers from 40% disability. In the circumstances, considering the alleged overt act attributed to applicant no.1-Baliram in the contents of the F.I.R. which apparently is of lessor degree and the said certificate also referring 40% disability and since the investigation is completed and the charge sheet has been filed and the applicant is in custody from about one year, I am of the view that application of applicant no.1 deserves to be allowed. 6. However, considering the very role of applicant no.2, who assaulted the deceased Avinash Bharate by 4 stick, thereby he fell and expired, I am of the view that role attributed to applicant no.2 in occurrence of incident is serious in nature and therefore, he is not entitled to be enlarged on bail. 7. In the circumstances, present application is required to be allowed partly in respect of applicant no.1 whereas the present application to the extent of applicant no.2 deserves to be rejected. 8. In the result, present application stands rejected in respect of applicant no.2 namely Hiraman S/o Dasu @ Sahadu Andhare. However, the present application is allowed to the extent of applicant no.1-Baliram Arjun Ralebhat and it is directed that applicant no.1 be enlarged on bail on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the condition that applicant no.1 shall attend the concerned Police Station as and when required and shall co-operate with the investigation. Applicant no.1 shall not tamper with prosecution evidence and shall not influence the prosecution witnesses directly or indirectly. (SHRIHARI P. DAVARE) JUDGE gas/cri974.10