1 Cri-A-24-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 24 OF 2011 Shri Nishant Bhagat Shinde ... Applicant vs. The State of Maharashtra ... Respondent Mr. Ganesh Gole, Advocate, for the applicant. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th February, 2011. P.C. 1. Allowed to amend prayer clause 7(a). 2. The applicant seeks to be released in Crime No.69/2010 registered under Sections 307, 395, 427 of IPC and under Section 3(1)(x) read with Section 7(1)(d) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered at Hatkanangale Police Station, District Kolhapur. 3. Prosecution case, in brief, is that Rakesh, younger brother of the first informant Dayanand Kamble, was arrested in connection with murder of one Ramesh Bulange two years prior to the incident of the present case and is in 2 Cri-A-24-11.sxw custody pending the trial of the murder case. Because of that case relatives of deceased Ramesh Bulange had threatened and warned the complainant Dayanand Kamble against giving any help to his brother Rakesh and his companions. On 28.4.2010, at about 9 p.m., 8 - 9 persons including the present applicant armed with swords and sickles entered into the house of Dayanand and assaulted his father, mother and himself and also called them "Maharadyano". In the FIR, it was mentioned that after the incident, the injured were admitted in the hospital and later on the first informant Dayanand came to know from his brother Vishwanath that a cash box, containing amount of Rs.22,275/- and some documents was taken away by the culprits. 4. In view of the facts noted above, it appears that 8 - 9 persons attacked the house of the complainant because of previous enmity and not because of any caste. Admittedly, the box containing the cash and the documents was never recovered by the police. Not only this, Vishwanath, who had allegedly informed the first informant Dayanand about taking away of the said cash box and documents, was not even cited as a prosecution witness in the list of witnesses filed with the charge-sheet. Medical reports reveal that Dayanand and his father Baburao had suffered some injuries which could be caused by a sharp and cutting weapon. However, none of the injuries was grievous or serious to endanger the 3 Cri-A-24-11.sxw life. Dayanand was transferred to the Civil Hospital, Sangli, on the next day, while Baburao was discharged from the hospital on the next day. There is no document to show how long Dayanand was taking treatment at the Civil Hospital. 5. Taking into consideration the nature of offence and the injuries suffered, the applicant be released on his executing P.R.of Rs.20,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence and shall attend Hatkanangale Police Station on every Sunday between 10 a.m. and 1 p.m. till the end of the trial. (J.H.BHATIA,J.)