MP 1 BA1709_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1709 OF 2011 1. Tahir Usman Khalifa 2. Kapil Shashikant Shetake 3. Vinayak Ganpati Shinde 4. Pramod Suryakant Patil 5. Ulhas Chandrakant Mandlik 6. Babu @ Babaso K. Upar ... Applicants Versus State of Maharashtra ... Respondent Mr. Ganesh Gole i/b. Ms Rashmi Gagwani, Advocate for the Applicant. Mr. Y. M. Nakhwa, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 18TH NOVEMBER 2011 P. C. : The applicants seek to be released on bail in crime No.142 of 2011 registered at Shivaji Nagar Police Station, Kolhapur for the offences punishable under Sections 307, 147, 148, 149, 504, 106 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The prosecution case, in brief, is that on 03.10.2011, the applicant No.1 Tahir and the applicant No.2 Kapil asked one Amit Shinde as to who had torn the poster of their leader Sanjay Kamble. Amit Shinde showed ignorance. At that time, the matter was pacified. As per the F.I.R. lodged by injured Rahul, at about 8.00 p.m., he received a call from the applicant No.2 Kapil that he and his companion had beaten one Pravin Kamble, who is an employee of Rahul. Therefore, Rahul went near Datt Mandir and he was told by his employee Pravin that he was unnecessarily beaten by the present applicants. Rahul enquired as to why he was beaten. On this, the accused persons allegedly MP 2 BA1709_11 abused him in the name of caste. One Sandip assaulted on his head with a kukri, while another accused Milind gave two blows with sword, due to which, Rahul suffered injuries on his hands. Immediately after the incident, Rahul was taken to the hopsital and during the same night, his report was recorded by the police. On the basis of his report, the offence came to be registered. Medical report of Rahul shows that he had suffered three injuries; one on the head and two on his palms. All the injuries are attributed to the assault by Milind and Sandip. Though as per the F.I.R., present applicants had beaten Pravin Kamble, there is nothing in the F.I.R. to show that the present applicants had assaulted Rahul and caused injuries to him. 3. Therefore, the applicants be released on their executing P.R. of Rs.10,000/- each with one surety in like amount with condition that they shall not tamper with the prosecution evidence. (J. H. BHATIA, J)