1 BA 1489-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1489 OF 2011 1. Vishnu Vithoba Jagtap .Applicants 2. Yogesh Madhukar Jagtap 3. Ganesh Madhukar Jagtap V/s. The State of Maharashtra .Respondent Mr.V.V.Purwant, Advocate, for the Applicants Mrs.P.P.Bhosale, APP, for the Respondent - State Ms.Priya Rao, Advocate, for the Complainant CORAM : R.C.CHAVAN, J. DATE : 5TH OCTOBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by the three persons, who are arrested in connection with C.R.No.59 of 2011 for the offences punishable under Sections 302, 120(B), 323, 504, 506, 143, 147, 148, 149 read with Section 34 of the Indian Penal Code & Section 135 of the Bombay Police Act registered with Mohol 2 BA 1489-2011 Police Station, District Solapur and who are stated to have participated in the assault on the three persons of the complainant's party. The role of the three applicants has been referred to in order on Cri.Bail Application No.747 of 2011 decided on 8th July, 2011 as also on Cri.Bail Application No.1201 of 2011 decided on 21st September, 2011. The applicant Yogesh is alleged to have hit the first informant Hanumant Bhimrao Mote with a stick. The applicant Vishnu Jagtap is alleged to have hit Angad Babu Mote, the deceased with sickle and Ganesh Jagtap is supposed to have hit Satyawan Ganpat Bhosale with sickle. The genesis of the incident as stated in panchanama of the spot is that the complainant's party was already present at the dairy where work of collecting milk was going on. The applicants and henchmen are supposed to have come to the spot and a quarrel ensued. Nagesh Rajaram Sathe, who has been admitted to bail on Cri.Bail Application No.1201 of 2011 3 BA 1489-2011 decided on 21st September, 2011 is supposed to have asked the complainant's party as to how they were opposing the party of Nagesh and why they were giving complaints to police station against his party. Thereupon Laxman Bhosale is supposed to have asked Nagesh as to how he could come out of jail after beating the persons belonging to their party. So saying a scuffle between both the groups was going on. In this scuffle three applicants are alleged to have inflicted blows on three persons as already stated. Considering the genesis of the incident, since the blows inflicted by the applicants Ganesh & Yogesh did not lead any serious injuries to Satyawan and the first informant Hanumant, their being in custody pending the trial may not be necessary. In view of this, application is, therefore, partly allowed. Applicants Ganesh and Yogesh be released on bail on their furnishing P.R.Bond of Rs.40,000/- each with one or more solvent sureties in the aggregate sum of Rs. 4 BA 1489-2011 40,000/- on the condition that they shall scrupulously keep themselves away from the prosecution witnesses and report at the Mohol Police Station, District Solapur on the 1st Sunday of the month between 10:00 a.m. to 1:00 p.m. till the trial is over. Since blow by applicant Vishnu on deceased Angad led to Angad's death, Vishnu will remain in jail pending the trial. (R.C.CHAVAN, J.)