1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1191 OF 2009 1. Nitin Birappa Gawade 2. Mahesh Baban Bhosale 3. Sachin Gopichand Kakde 4. Ravi Vasant Jadhav 5. Vinayak Baliram Jadhav 6. Avinash Arun Jadhav 7. Kanchan Birappa Gawde 8 Jitendra @ Jitu Baliram Jadhav ....... Applicants. V/s The State of Maharashtra ...... Respondent ---- Mr. R.B. Suryawanshi for the applicants. Mr. M.K. Kochrekar, for the original complainant. Mr. S.S. Pednekar, APP for the State. ---- CORAM : V.M. KANADE, J. DATE : 20th March, 2009 P.C:- 1. Heard the learned Counsel appearing on behalf of the applicants and the learned APP appearing on behalf of the State. 2. On 15/2/2009, after one cricket match was over, there was a quarrel between two groups and, as such, relations between the said two groups had become strained. It is the case of the applicants herein that the complainant came to their house alongwith two persons and they were armed with 2 iron rods, wooden logs and sticks and there was a sudden fight between the two groups. Applicant Nos. 6 and 8 were injured and one person viz. Prashant Lad from the complainant's group and the complainant were injured. 3. Counsel for the applicants submits that the injury certificate issued by the hospital in favour of the said Prashant Lad indicates that the injury caused was not grievous injury. Even the C.T. Scan report did not indicate that he had suffered any grievous hurt. It is submitted that the complainant was immediately discharged on the same day. It is submitted that the applicants are in jail since last one month. 4. Mr. Kochrekar, the learned Counsel appearing on behalf of the complainant submitted that if the applicants are released on bail, it is likely to increase tension between two groups and the applicants may threaten the witnesses. 5. In the present case, it is an admitted position that apart from the complaint filed by the complainant, applicants have also filed a cross complaint. Initially, they had lodged a complaint with the Police. However, no action was taken by the police against the complainant in this case and, therefore, a private complaint was filed and, in the said complaint, an order has been passed under section 156(3) of the Criminal Procedure Code. Looking to the nature of injuries suffered by the complainant and the said Prashant in 3 this case and the fact that two persons from these two groups were also injured, it appears that there was sudden fight between the two groups on account of previous disputes which had taken place on 15/2/2009. Under these circumstances, therefore, in my view, continued detention of the applicants is not necessary. However, certain conditions will have to be imposed in order to ensure that there is no further escalation of violence between the two groups. 6. Applicants, therefore, be released on bail in C.R. No.I-64 of 2009 in the sum of Rs 5000/- each with one or two sureties in the like amount. They shall, however, not enter the jurisdiction of Shantinagar Police Station till the filing of the charge- sheet or for a period of another two months whichever is earlier. Applicants shall give their new residential address to the Superintendent of Jail before their release. They shall report to the nearest Police Station from their new residential address once in a week and, thereafter, report to Shantinagar Police Station once in a month. Applicants shall not threaten any of the prosecution witnesses. 7. Application is disposed of. (V.M. KANADE, J.)