1 criapln3616-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3616 OF 2011 1] Bhika Raoji Hajare 2] Lahanu Bhika Hajare .. APPLICANTS Vs 1] The State of Maha. .. RESPONDENET ... Shri Vinod Y. Bhide,Adv. for applicants. Shri K.J.Ghute Patil,APP for R-State. Shri V.D.Hon,Adv. to assist P.P. ... CRIMINAL APPLICATION NO.3051/2011 Shri Dhondiba Raoji Hazare .. APPLICANT V/s 1] The State of Maharashtra 2] Machindra Bhika Hazare .. RESPONDENTS ... Shri V.D.Hon,Adv. h/f Shri D.R.Adhav,Adv.for applicant Shri K.J.Ghute Patil,APP. for State Shri V.Y.Bhide,Adv.for R.2. 2 criapln3616-11 CORAM : T.V.NALAWADE,J. DATE : 22/09/2011 ORAL ORDER: 1] Both the applications are filed in Crime No.81/11 registered in Sangamner police station, DistAhmednagar for offences punishable under Sections 302, 149, 324, 34 etc. of I.P.C. The first application is filed for bail and the second application is filed for cancellation of bail granted to one Machindra S/o Bhika Hajare. Notice of both proceedings was given to P.P. for the State and the State has opposed the bail application. The State has supported the application filed for cancellation of bail. 2] The Advocate for the first proceeding was expected to show the circumstances which can be called as new circumstances or to show that the circumstances have changed since the rejection of the bail application filed by Bhika and his son Lahanu. Advocate submitted that the record like copy of complaint given by Machindra to police on 23/4/11 was not available before this Court. He also submitted that there is new circumstance like filing of private complaint by Machindra in respect of the incident dated 23/4/2011 on which J.M.F.C. has passed an order under Section 156(3) of Cr.P.C. He also tried to use the statements of the accused allegedly recorded during the course of 3 criapln3616-11 investigation in Crime No.81/11. These statements cannot be considered. 3] While rejecting the bail application filed by Bhika and Lahanu, this Court has gone through papers of investigation. Those papers are the only papers in respect of the relevant facts. They include post mortem report, the spot panchanama, papers with regard to weapons et.c Bail was granted to Machindra in view of the nature of dispute and as there would be atleast one male person like Machindra in the family of accused after such order. Bail was granted to him at the relevant time as there was question of livelihood of female members and other minor dependents of the family and the allegations made against Machindra are also not of serious nature. In view of the nature of weapons used by Bhika and Lahanu, bail is refused to them. The submissions made in the first proceeding show that there has been no change in the circumstances. So the bail cannot be granted to Bhika and Lahanu. 4] For relief of cancellation of bail granted to Machindra the applicant from second proceeding has relied on copies of two complaints made against Machindra on 9/7/11 and 12/7/11. Allegations are made by Dhondiba that on 8/7/11 and 11/7/11, Machindra gave threat of life to him and he gave threat that he would finish Dhondiba and other son of Dhondiba if evidence is given in the 4 criapln3616-11 case by them. It appears that these two complaints came to be registered as N.C. Such tactics are generally played. There is no material in support of these allegations. The advocate for Dhondiba also submitted that Machindra is misusing the liberty given to him as he filed private complaint against the witnesses. Copy of that complaint and order made by J.M.F.C. is on record. This circumstance cannot be used against Machindra. Dhondiba and Bhika are real brothers interse and the incident took place due to the agricultural land and civil litigation. In view of these circumstances, appropriate orders were passed. This Court holds that no circumstances are made out for cancellation of bail granted to Machindra. Both applications stand rejected. 5] The Sessions Court is expected to expedite the trial of the case as the case involves under trial prisoners. [T.V.NALAWADE,J.] umg/criapln3616-11