1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4028 OF 2009 Arun Ramchandra Raut ........ Applicant versus The State of Maharashtra ........Respondent. Mr. H.D. Deshpande adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 18th September,2009. P. C.: 1. The present applicant is in custody consequent upon his arrest on 13-5-2009 in C.R.No. I-155/09 registered with Shanti Nagar police station for offence u/sec. 307, 326, 325,324,147,148,149, 504, 506(ii) of IPC. 2. One Anil Chandrakant Gujare lodged an FIR on 1-5-2009, perusal of which reveals that when the first informant was watching cricket match by about 9.15, one Nitin Humbarkar came running there and informed the first informant that the brother of the first informant by name Ajay was being assaulted by Arun Raut, the present applicant, his brother Krishna Raut and some other persons near Maruti Mandir. On being so informed the first informant rushed to the scene of offence and saw that his brother 2 Ajay was being assaulted by Harshal Raut by chopper below the waist. He also saw that the present applicant was holding a belt (which is used for tying the pant) and he was assaulting Ajay by the belt. It is then stated that Krishna Raut was assaulting the injured by fists and kick blows. Perusal of the injury certificate reveals that injury no.1 is a incise wound caused by a sharp object whereas the other injuries are referred to as having been caused on account of an assault by a blunt and hard object. The learned counsel for the applicant submits that there is no injury which is referable to an assault by a leather belt. It is then submitted that the present applicant is entitled to be released on bail on parity with Krishna Raut. The role attributed to the present applicant and his brother Krishna Raut appears by and large to be the same. Charge sheet is already filed after completion of the investigation. It is then submitted that the learned counsel for the applicant be released on bail. 2. The learned APP has placed on record a report with a view to indicate that the present applicant has a criminal background, as four other cases are also registered against the present applicant. The cases referred to are in relation to the offences touching unlawful assembly. The present applicant is an elected Municipal Councillor and on account of his participation in dharna and morchas, the cases are filed against him. None of the cases referred to in the report relate to any serious offence against the `person’. It is then submitted by the learned APP that appropriate condition be imposed and the applicant be kept outside the area 3 wherein the parties reside. In that view of the matter I pass the following order. 3. The applicant shall be released on bail on execution of personal bond in the sum of Rs. 10,000/- with one or two sureties in the like amount. The applicant shall not enter the jurisdiction of Shanti Nagar police station, Bhiwandi for a period of six months. The applicant shall attend the concerned police station once a fortnight for a period of six months. 4. The applicant is permitted to deposit the bail amount in cash for a period of two weeks within which time he shall arrange for the surety. Application is disposed of. (A. P. Deshpande, J.)