1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3397 OF 2010 1. Banti @ Bhawesh Ashok Raut R/o Manik Chowk, Ahmednagar. 2. Bhupendra S/o Shantaram Pardeshi R/o Professor Colony, Ahmednagar. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. V. S. Bedre, advocate for applicants. Mr. N.H. Borade, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 8th September, 2010. PER COURT : 1. By this application, the applicants seek bail under Section 439 of the Criminal Procedure Code. 2. The applicants are arrested in connection with Crime No.I-93/2010 registered at Bhingar Camp Police Station for the offences under Section 143, 147, 148, 149, 324, 427, 323, 504, 506 of the Indian Penal Code as well as under Section 307 of the Indian Penal Code and under the provisions of Bombay Police Act. 3. Briefly stated, the prosecution case is that on 2 19.06.2010 at about 9.45 p.m. injured (complainant) Mosin Shabbir Pathan was driving his Auto Rickshaw from near Govindpura. At that time, the applicant no.1 intersected the Auto Rickshaw and asked him to reach to Bhingar, which is situated in the outskirts of Ahmednagar town and then Rs.40/- was settled as fare. On way, he contacted some one on mobile phone and called him near the bank at Bhingar. At about 10 p.m. when Auto Rickshaw reached near the premises of the Bank, again applicant no.1 contacted some one on mobile phone. The Auto Rickshaw was turned back and then the complainant saw that four motor cycles came from behind, each having two persons mounted thereon and they stopped by side of the Auto Rickshaw. One of them, by name, Vaibhav Wagh gave dash of the motor cycle to Auto Rickshaw whereas the applicant no.1 simultaneously kicked him from back side. He was assaulted and was injured. The applicant no.2 is said to be instigator. 4. After hearing the learned Advocate for the applicants and learned A.P.P. and on going through the relevant investigation papers, it prima facie appears that though the informant (Mosin Shabbir Pathan) alleged that he was assaulted by means of sickles, hockey stick and small sword as well as sticks, yet the injuries found on his person were of simple nature. It appears that 3 he has been discharged from the hospital. The medical evidence does not prima facie corroborate the nature of assault by means of dangerous weapons and if at all it does corroborate then it can not be prima facie said that the intention of the assailants was to do away with the life of the complainant. What appears from the record is that the applicant no.2 was previously beaten up by the complainant and his group members and in order to take revenge the alleged assault was organized by them. Under the circumstances, the applicants deserve liberty on certain conditions. 5. In the result, the applicants are directed to be released on bail, on furnishing Bail Bond in the sum of Rs.20,000/- each with one solvent surety each which shall be furnished before the learned Sessions Judge, Ahmednagar, along with the undertaking that they will not contact any of the prosecution witnesses and that they will attend the concerned Police Station on every Thursday and Saturday between 10 a.m. to 2 p.m. in order to co-operate with Investigation Officer. They shall not try to tamper with the prosecution evidence. (V.R.KINGAONKAR) JUDGE gas/cri3397.10