- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATIONS NOS.2288/2009 & 2289/2009 CRIMINAL APPLICATION NO.2288/2009 Naunath s/o Dhondu Nikam. ..Applicant. Versus The State of Maharashtra. ...Respondent... ..... Shri Zia-ul-Mustafa, Advocate for applicant. Shri D.R. Korde, APP for respondent. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CRIMINAL APPLICATION NO.2289/2009 Laxman alias Vilu Vithal Shete. ...Applicant.. Versus The State of Maharashtra. ...Respondent.. Shri Zia-ul-Mustafa, Advocate for applicant. Shri D.R. Korde, APP for respondent. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM: K.U. CHANDIWAL, J. DATE: 31.08.2009 - 2 - PER COURT: 1] Heard learned counsel for the parties extensively in these applications. 2] In Crime No.62/2009 registered at Police Station, Kopergaon, RTC No. 93/2009, the applicants - accused seek bail for an offence u/ss.394, 397 r/w 34 of the Indian Penal Code. 3] While arguing the matter elaborately, Shri Mustafa informs that the ingredients of Sections 394 or 397 of IPC will not be applicable to the facts in the present case as after commission of dacoity or robbery, when the suspects were moving in an auto-rickshaw, the incident of assault has taken place, hence it will not attract ingredients of Sections 394 or 397 of IPC. 4] Prima facie, factual matrix are that the accused Naunath is known person to the complainant and the witnesses. Incidently, they come across said Naunath plying a motorcycle and proceeding ahead. Said persons, when noticed a rickshaw moving in a suspicious condition, chased it. At such time, they found in the rickshaw that there were four electric motors belonging to different agriculturists, which were removed. When the persons in the rickshaw were countered, the occupant has assaulted to one of the persons and at the same time, Naunath – the applicant assaulted with axe to Subhash Kachru Nikam and they decamped. All these details gave rise to an offence on 6.3.2009 and the accused – applicant Naunath is in custody from 7.3.2009. 5] The learned counsel informs that chargesheet is filed, nothing is to be recovered and the accused Naunath belongs to the same village and hence he needs to be released on bail. - 3 - 6] Considering the role attributed to accused Naunath and he being from the same village, the chances of his influencing the witnesses can not be ruled out. His enlarging on bail will definitely hamper and tamper the prosecution case and will also create terror in the minds of the witnesses. The nature of assault with the axe by itself is speaking to the brutality of the accused – Naunath. Consequently, no bail to accused – applicant Naunath Dhondu Nikam. 7] So far as Laxman alias Vilu Vithal Shete is concerned, he was not known to any of the witnesses. He was subsequently arrested on suspicion. Learned APP informs that there is statement of the accused inculpating himself. Based on such statement, at this stage of the matter when thereh is already chargesheet filed, further custody of the accused – applicant – Laxman @ Vilu is not warranted. Due care can be taken to secure his presence. 8] Hence, following order. Criminal Application No.2288/2009 of Naunath Dhondu Nikam is rejected. Criminal Application No.2289/2009 of Laxman alias Vilu Vithal Shete is allowed. The applicant Laxman @ Vilu be released on his furnishing P.R. Bond and surety in the sum of Rs.10,000/- (rupees ten thousand only). The applicant Laxman, after his release, shall attend the investigator on every Sunday between 10 a.m. To 5 p.m. till completion of trial. The applicant – Laxman shall not coerce or influence the witnesses. The applicant – Laxman shall attend the Court proceedings scrupulously. (K.U. Chandiwal, J.) ndk/cr318091