1 ABA 152-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.152 OF 2011 1. Natwarsinh Laxmansinh Chauhan .Applicants 2. Sandip Natwarsinh Chauhan V/s. Union Territory of Dadra .Respondent & Nagar Haveli WITH ANTICIPATORY BAIL APPLICATION NO.153 OF 2011 1. Shantilal Mohandas Pujari .Applicants 2. Kamleshbhai Gomanbhai Patel V/s. Union Territory of Dadra .Respondent & Nagar Haveli Mr.Mahesh Jethmalani, Senior Counsel with Mr.Balkrishna Joshi, for the Applicants Mr.Raja Thakare, Special Public Prosecutor with Mr.Y.M.Nakhawa, APP, for the State Mr.S.V.Marwadi, Advocate, for the original Complainant in ABA No.152 of 2011 CORAM : R.C.CHAVAN, J. DATE : 4TH MARCH, 2011 P.C. . These two applications for anticipatory bail have been filed by four 2 ABA 152-2011 persons, who apprehend arrest in connection with C.R.No.21 of 2011 for the offence punishable under Sections 143, 147, 148, 149, 120(b), 307 & 506 of the Indian Penal Code registered with Silvassa Police Station. 2. The applicants are stated to belong to BJP party. The party had organized a meeting, since its candidate one Dimple Chauhan was contesting election. Dimple Chauhan is daugher of applicant Natwarsinh and sister of applicant Sandip. After the meeting was over, the BJP workers are alleged to have assaulted former Congress MP Mohanbhai Sanjibhai Delkar and his followers. In the assault, which was launched at the instance of BJP MP Natubhai Patel, Kamlesh G. Patel, Natwarsinh L. Chauhan, Sandip N. Chauhan, Santu Pujari, Amrat Patel, Uttam Patel, Jugal Bhiku Patel, Nilesh Chotu Solanki, Jitendra P. Patel, Santosh I. Patel are stated to have injured Vikram Parmar, Mohanbhai Delkar, Roland Baba 3 ABA 152-2011 Coutino, Keyur Shah, Virendra Yadav & Uma Shankar Singh. The injury certificates made available for my perusal show that there was one grievous injury i.e.fracture 5th rib left side on lateral aspect on the person of Vikram C. Parmar, sub-location of right shoulder of Keyur N. Shah and fracture proximal phalynx little finger of the right hand of Birendra A.Yadav. Injuries sustained by other persons were simple in nature. It is alleged that Natu L. Chahan & Kamlesh G. Patel had hit Vikram C. Parmar. Uttam V. Patel had hit the shoulder of Keyurbhai and Santanu Pujari hit Virendra A.Yadav by an iron rod. 3. Subtracting all the arguments advanced about the politics involved as also the previous history of the participants, it would have to be held that as far as applicants Natwarsinh, Shantilal and Kamleshbhai are concerned, they are named by the witnesses as well as victims to have authored grievous 4 ABA 152-2011 hurts on the victims. Therefore, as far as they are concerned, no case for grant of anticipatory bail is made out, since investigating officer would be entitled to interrogate them to recover articles used in assault. As far as Sandip N. Chauhan is concerned, he is not shown to have authored any blow leading to grievous hurt and therefore, there is no question of his being taken in custody, since there are several others, who have been arrested and bailed out after investigation. 4. In view of this, application No.152 of 2011 in so far as it relates to Sandip is allowed. In the event of arrest, he be released on bail on his furnishing P.R.Bond of Rs.10,000/- with one or more solvent sureties in the aggregate sum of Rs.10,000/- on the following conditions. (i) The applicant-Sandip N. Chauhan shall report at the Silvassa Police Station for interrogation on 10th March, 2011 in between 10.00 a.m. to 1.00 p.m. and thereafter, as and 5 ABA 152-2011 when required by the investigating officer. (ii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iii) The applicant shall not leave India without the previous permission of the Court. . The order will remain in force till the trial is over with the only stipulation that if charge sheeted the applicant may furnish fresh bonds before the trial Court in view of the Judgment of the Supreme Court dated 2nd December, 2010 delivered in Special Leave Petition (Cri.) No.7615 of 2009 (Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.). 5. The applications in so far as they relates to Natwarsinh L. Chauhan , Shantilal M. Pujari & Kamleshbhai G. Patel are concerned, they are rejected. The learned Counsel for applicants states that these applicants may be given two weeks time to 6 ABA 152-2011 surrender, since they would like to take the matter to the Supreme Court. One week's time is granted to applicants to surrender. 6. Both the applications are disposed of. (R.C.CHAVAN, J.)