1appln-1246-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1246 / 2010 Imran Ahmed Kureshi and anr ... Applicants. Vs. The State of Maharashtra .... Respondent. Mr Ujwal Agandsurve, for the Applicants. Mr P. S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 7TH JULY, 2010. P.C.:- 1. Heard rival submissions at length on this application for regular bail preferred by both the applicants – accused who are involved for commission of the offence punishable under Section 307 of I.P.C. read with Section 149 of I.P.C. and other offences of rioting, armed with deadly weapons and also for the offence punishable under Section 3 (1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2appln-1246-10 2. From the F.I.R. lodged by one Jitesh Kamble, brother of minor girl Sarika Kamble, it appears that he accosted present applicant No.2 and censored him not to indulge in the eve-teasing of minor sister. At that time, applicant No.2 left the spot and after some time returned along with 10/20 people, including the present applicant No.1, and other co-accused. In the afternoon, on 9.11.2009 a sort of terror was created in the said locality where the complainant along with his brother-in-law were proceeding towards the house of present applicant No.2. Applicants and their associates were armed with weapons like sword, knife, sattur, etc. they were about 10/20 persons. Main assault on the injured, brother-in-law of the complainant, is assigned to present applicant No.1. For the said assault applicant No.1 used one knife and inflicted stab injuries on the abdomen of the injured. Injury certificate shows two incised wounds and one stab wound which are severe in nature, inflicted on various parts of the abdomen. Said injured was hospitalized from 9.11.2009 to 17.11.2009. In order to rescue the said injured from the clutches of the applicants and other mob, the complainant intervened. However, he was assaulted by the accused persons and there were contusions sustained by the complainant and which is fortified by the medical certificate of the complainant obtained from the Cottage Hospital, Karmala, District Sholapur. 3. Specific incriminating circumstances against the present applicant No.1 are that he was apprehended on the spot while still in possession of the knife which is used for assault. Even he was taken to the police station and was given in the custody of police. Other accused ran away from the spot. However, present applicant No.2 was arrested on the next day. 4. During the arguments learned Advocate for the applicants submitted that 3appln-1246-10 other co-accused were released on bail by this Court in different applications and he further submitted that on party the present application may be considered at least for applicant No.2, if not for applicant No.1 who was allegedly arrested on the spot and was assigned the main role of the inflicting injuries by the knife. 5. As per the F.I.R. the names of both the applicants are taken and in fact the entire episode of such assault started on account of the alleged eve teasing by applicant No.2. So far as applicant No.1 is concerned he was arrested on the spot and was assigned the main role. Considering the implication of Section 149 of the I.P.C. it would not be in the fitness of situation to view the present matter differently for granting bail even for applicant No.2 and under these circumstances it would not be in the fitness of situation to allow the present application for bail for both the accused. In the result, the following order:- ORDER: (a) Bail Application is rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)