1 Cri-BA-38-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL BAIL APPLICATION NO. 38 OF 2011 Baburao Gajya Chippad & Ors. ... Applicants (Orig. accused Nos.1,4 & 7) vs. The State of Maharashtra ... Respndent Mr. S.V.Marwadi, Advocate, for the applicants Smt. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 28th January, 2011. P.C. 1. The applicants, who are accused Nos. 1, 4 and 7 in Crime No.71/10 registered at Palghar Police Station, District Thane, for the offences under Sections 302, 307, 325, 147,148,149 of IPC, seek to be released on bail. 2. Heard the learned Counsel for the parties. Perused the police papers filed along with the charge sheet. 3. Prosecution case, in brief, is that accused No.1 Baburao is Sarpanch of the Village. Grains were received for distribution among the residents of the 2 Cri-BA-38-11.sxw Gram Panchayat area. Accused No.1 - Baburao demanded amount of Rs.100/- from each of the families for supply of the grains. People from Tandelpada made the payment. However, later on, they came to know that the residents of Gadagpada had refused to make payment to him and,therefore, people from Tandelpada also demanded the amount back from accused Baburao and his companions. Deceased Balu and injured Vinod were among the persons, who had sought refund of money. Therefore, on 25.6.2010, some dispute had occurred. After that Baburao assured that on next date, the amount would be refunded. On 26.6.2010, at about 6 p.m. when first informant Tukaram Tukaram was returning home, Baburao, his son Kishore and Sanjay, who are applicants before this Court and 5 or 6 other boys with them, stopped the first informant and asked him to send Vinod and Balu and also threatened to finish him. Tukaram returned home and gave this message to Balu and Vinod. Balu left the house for his night duty. Vinod also accompanied him. Tukaram followed them. Sarpanch Baburao and his companions began to assault Balu and Vinod with sticks, chain, axes,stones, pipes, etc. due to which Balu and Vinod suffered several injuries. Both of them were taken to Government Hospital at Palghar in serious condition. Balu was declared dead before admission. On perusal of the post-mortem report, it appears that deceased Balu had suffered several injuries, including number of fractures of the skull bones. As per the post-mortem report, he had died due to 3 Cri-BA-38-11.sxw Cardiorespratory failure due to shock and hemorrhage due to multiple injuries on face and to the brain. 4. The learned Counsel for the applicant tried to point out some discrepancies in the FIR lodged by Tukaram and statement of Vinod in respect of the weapons used. He also contended that the applicant No.1 is an old person aged 60 years and therefore bail may be granted. The application is opposed by the prosecution. In view of the facts ad circumstances noted above, the applicant No.1 Baburao appears to be the leader of the group who assaulted. Due to some discrepancies about the weapons held by the assailants in the FIR and the statement of Vinod, the prosecution case cannot be disbelieved at this stage. The post-mortem report and the medical certificate of Vinod reveal that both of them were mercilessly beaten due to which Balu died. If bail is granted to the present applicants,who are main accused, there is every possibility that either they may abscond or they may cause danger to the life of the witnesses. Merely because the applicant Baburao is aged 60 years cannot be a good ground to grant bail to him. 5. Therefore, the application stands rejected. (J.H.BHATIA,J.)