1 BA-1850-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1850 OF 2011 mhi Manik Shivram Patil ... Applicant Accused 1 vs. The State of Maharashtra ... Respondent Shri P.R.Arjunwadkar,Advocate, for the applicant. Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 21st December,2011. P.C. 1. The applicant seeks to be released on bail in Crime No.348/2011 registered with Kalwa Police Station, Thane for the offence under Section 307 read with Section 34 of IPC. 2. Prosecution case, in brief, is that the first informant Jay Chonkar and the present applicant reside in the flats in Manikchand Heights, Parsik Nagar, Kalwa. There was some dispute about parking of vehicles between the two. On 29.8.2011 a about 1 a.m. in the night, Jay Chonkar was going to his flat. At that time, near the gate, some dispute occurred between Jay Chonkar on one hand and the applicant and his two sons Mayur and Nilesh on the other. At that time, the 2 BA-1850-11.sxw present applicant asked his sons to beat Jay Chonkar. On this, his son Mayur fired 4 or 5 bullets from his pistol on the person of Jay Chonkar, while Nilesh kicked him. Jay Chonkar suffered bleeding injuries because of firing. Immediately, he was taken to Jupiter Hospital for treatment where his report was recorded and the offence was registered. Fortunately, said Jay Chonkar survived inspite of so many bullet injuries on vital parts of the body because of immediate medical aid. 3. The applicant is a senior citizen aged about 70 years. From the FIR and statement of other witnesses, it appears that he had only asked his sons to beat sad Jay Chonkar, but his son Mayur fired 4 or 5 rounds from his pistol. Though there were disputes about parking space, there was no previous enmity between the parties. The incident had occurred abruptly. In view of the circumstances, the role attributed to the present applicant as well as his age, I find that he may be granted bail. 4. The applicant be released on his executing P.R. of Rs.25,000/- with a surety in the like amount with condition that he shall not tamper with the prosecution evidence. He shall also report at the Kalwa Police Station, Thane, on first and third Monday of every month between 4 to 6 p.m. till end of the trial. (J.H.BHATIA,J.) 3 BA-1850-11.sxw