FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3764 OF 2011 1. SHAMRAO VITHALRAO RUPNAR 2. NAMDEO VITHALRAO RUPNAR 3- DNYANOBA TUKARAM RUPNAR. 4- BHANUDAS TUKARAM RUPNER. VERSUS THE STATE OF MAH ... Advocate for Applicant/s : Mr. Jadhavar Santosh S. APP for Respondent(s):Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 15, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. The applicant nos. 1 to 4 have preferred present application seeking regular bail under Crime No.111/2011, registered with Jintoor Police Station, Taluka Jintoor, District Parbhani for the offences punishable under sections 143, 144, 147, 148, 149, 324, 325, 326, 307 of Indian Penal Code. 3. It appears that crime has been registered on the basis of the complaint lodged by complainant namely Daulatrao Eknathrao Rupnar on 22.6.2011. It is alleged in the said FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders complaint that on 19.6.2011, at about 10.30 a.m. the applicants and their above 27 associates who were the members of unlawful assembly, armed with deadly weapons like sword, sickle and stick and in prosecution of the common object of the said assembly, arrived at the spot of the incident and applicant No.1 Shyamrao was armed with sword and applicant No.4 Bhanudas Rupnar was armed with axe and applicant No.1 Shyamrao assaulted Janardhan by leg kicks and when the complainant intervened, he gave 4-5 blows of sword on his left shoulder, neck and right arm and thereby the complainant fell down. Moreover, it is also alleged that the complainant’s son Sampat and Ganpat also intervened, but they were also assaulted by sickle and sustained head injury as well as Nivrutti was assaulted on his head and he also sustained head injury, whereas Shivaji and Paraji also sustained injuries on their arms and their arms were fractured. 4. Thus, it is apparent that, although the names of applicants nos. 1 to 4 have been reflected in the First Information Report, specific roles and overt acts have been attributed to applicant No.1 Shyamrao and applicant No.4 Bhanudas, only as mentioned herein above who were armed with deadly weapon like stick and axe respectively. Investigation papers revealed that sword was recovered at the instance of applicant No.1 Shyamrao and axe was discovered at the instance of applicant FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders No.4 Bhanudas Rupnar under the memorandum of panchnamas under section 27 of the Evidence Act, whereas a stick was discovered at the instance of applicant No.3- Dnyanoba under the memorandum of panchnama under section 27 of the Evidence Act. The injury certificate of Janardhan discloses that he sustained injuries by hard and blunt weapon, on his elbow and thumb, and injury certificate of Ganpat discloses that he sustained fracture on scalp by hard and blunt object. Injury certificate of Sampat discloses that he sustained injuries on his right elbow by hard and blunt object, where as injury certificate of Sopan discloses that he sustained injuries on his scalp by hard and blunt object. Accordingly, the situs of the injuries of Ganpat and Sopan are vital parts of the body. 5. Having comprehensive view of the matter, it is apparent that, investigation is under progress and same has not been completed. Moreover, names of the applicant nos. 1 and 4 have been surfaced in the First Information Report and specific roles and overt acts have been attributed to them, during the occurrence of the incident, whereas, although names of the applicant nos.2 Namdeo Vitthal Rupnar and applicant No.3 Dnyanoba Tukaram Rupnar have been disclosed in the contents of the complaint, no overtacts have been attributed to them during the occurrence of the incident. Moreover, there is recovery of deadly weapon at the instance of applicant No.1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Shyamrao Rupnar and applicant No.4 Bhanudas Rupnar, where as only stick was discovered at the instance of applicant No.3 Dnyanoba and there is no recovery at the instance of applicant No.2 Namdeo. Hence, in view of said position, present application to the extent of applicant nos. 1 and 4 deserves to be rejected, where as present application in respect of applicant nos. 2 and 3 is required to be allowed. 6. In the result, present application is partly allowed to the extent of applicant No.2] NAMDEO VITTHALRAO RUPNAR AND applicant No.3] DNYANOBA TUKARAM PAWAR, and it is directed that they be released on bail, in connection with Crime No.111/2011, registered with Jintoor Police Station, Tq. Jintoor, District Parbhani, on furnishing P.R. Bond in the sum of Rs.15,000/- each, with one surety in the like amount, by each of them, on the following conditions :- i) The applicant nos. 2 and 3 shall give attendance before the concerned Investigator twice in a week i.e. on every MONDAY AND THURSDAY between 4.00 p.m. to 7.00 p.m., till filing of chargesheet and shall cooperate in the investigation. ii] The applicant No. 2 and 3 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders directly or indirectly, in any manner, what so ever. iii] The applicant nos. 2 and 3 shall not reside at village Rupnarwadi, Tq. Jintoor till filing of the chargesheet, except giving attendance before the concerned investigator and shall inform their change in address to the concerned investigator, forthwith. 6. Application of applicant No.1 Shyamrao Vitthalrao Rupnar and applicant No.4 Bhanudas Tukaram Rupnar stand dismissed. 7. Present application stands disposed of finally. 8. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***