1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1666 OF 2009 Datta Aagatram Aatpadkar .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.R.D.Suryawanshi for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST APRIL, 2009. DATED : 21ST APRIL, 2009. DATED : 21ST APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-360 of 2008 of Manpada police station. The said crime has been registered against the applicant and others for having allegedly committed an offence punishable under sections 302, 307, 326, 324, 353, 143, 147, 148, 149, 452, 427, 504 of IPC and under section 37 (1) and 135 of the Bombay Police Act and section 3 of the Public Property Damage Act. 2 2 2 3. There was a fight between two groups and two persons, namely, Omprakash Dubey and Mayur Dubey died from the complainant’s side, whereas Gurunath Bhoir died from the applicant’s side. Insofar as the present C.R. is concerned, it has been registered against nine known and about 15-16 unknown persons, whereas the C.R. against the complainant and the persons belonging to his group has been registered against five persons. 4. I have perused the statements of complainant - Anand Dubey, Jai Prakash Dubey and Meera Mishra to which my attention was specifically drawn by the learned counsel for the parties. According to the complainant - Anand Dubey, on 21.10.2008 at 10 pm Gurunath Bhoir, Moreshwar Bhoir, their father, Datta Aatpadkar (i.e. the present applicant), Nakul Bhoir and 20-25 others entered the house of the complainant with the weapons like stick, iron rod, sword etc., and they started assaulting the complainant and his family members. In the assault Omprakash and Mayur were taken out of the house by those persons and they assaulted them both with stick, iron rod, sword etc. Jai Prakash Dubey has, however, given completely different story. He has stated that Gurunath Bhoir, 3 3 3 Shripad Bhoir and Dnyandeo Bhoir entered the house of the complainant with iron rod and sticks and they assaulted the complainant and his brothers. He has further stated, he and his brothers in retaliation also attacked Gurunath, Shripad and Dnyandeo, in which they sustained injuries and they fell in their house in a injured condition. Thereafter the police jeep arrived at the scene of offence and they removed Gurunath, Shripad and Dnyandeo out of the complainant’s house in a injured condition, and on seeing them the mob attacked the police jeep and also persons from the complainant’s side. His two brothers Omprakash and Mayur when started to run away from the scene of offence the entire mob chased them and assaulted them with the weapons in their hand. The complainant has undoubtedly, named, Datta Aatpadkar as one of the persons, who allegedly entered the house of the complainant. However, no specific overt act is attributed to him. Similarly, Jai Prakash has also named the present applicant but no specific role is attributed to him. According to Jai Prakash, the applicant was seen outside the complainant’s house, standing in the disorderly crowd. Mr.Suryawanshi, learned counsel for the applicant submitted that the statement of the other eye witnesses are consistent with the statement of Jai Prakash. Jai Prakash has 4 4 4 not attributed any overt act to the present applicant, except mentioning that he was present when Gurunath, Shripad and Dnyandeo were taken out of the house in injured condition and when the police jeep was encircled by the mob. He has specifically stated that when he told his brother Omprakash to leave the place as their life was in danger, Omprakash told Jai Prakash that he would take Mayur also along, and thereafter he has stated, when Omprakash and Mayur were trying to run away from the scene of offence, the entire mob chased them and assaulted them with stones. While stating so he has specifically attributed overt act to Shriram Bhoir and Nakul Bhoir, who allegedly assaulted both the deceased with stones. Having considered overall facts and circumstances of the case and the statements of the witnesses and more particularly the statement of Jai Prakash Dubey I am satisfied that the applicant is entitled to be released on bail. Hence the following order: . The applicant be released on bail in the sum of Rs.35,000/- with one or two sureties in the like amount subject to the condition that the applicant shall not enter the jurisdiction of Manpada police station for a period of three months from today and thereafter he shall report to the concerned police 5 5 5 station every Wednesday and Saturday between 10 am and 11 am for a period of six months therefrom. After six months the applicant shall report to the concerned police station only once a week i.e. every Saturday between 10 am and 11 am till conclusion of the trial. The applicant shall inform his residential address to the concerned police station where he propose to stay during the period of three months and shall report to the nearest police station from the place of his residence on every Saturday between 10 am and 11 am. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)