[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO. 1943 OF 2008 Shri.Dhairyashil Bajrang Desai and 13 others ..Applicants Vs. State of Maharashtra ..Respondent ... Mr.A.P.Mundargi counsel along with Mr.S.A.Ingavale Advocate for Applicants Mr.S.R.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 8, 2008 DATE : JULY 8, 2008 DATE : JULY 8, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No.133 of 2008 of Shahupuri Police Station, Kolhapur. The said case is mainly under Sections 323, 342, 365, and 395 of the IPC. The learned APP on instructions, states that he is not opposing the prayer for grant of anticipatory bail to the applicant nos. 3, 9 and 12. [-2-] 3. The prosecution case is that victim Jaywant Chorge belonged to Congress-I party. In the Panchayat Samiti Budhgargad, Congress-I party had majority. Its member Sarubai Mahadeo Shivudkar was the chair person. The Congress-I party had six members. The remaining three members were belonging to Rashtravadi Congress. However, three members of the ruling Congress-I Party namely Satyajeet Jadhav, Mrs.Sulochana Korgaonkar and Jayawant Chorge, by joining hands with three members of Nationalist Party namely Bapurao Aarade, Madan Desai and Mrs.Reshma Kamble had brought No Confidence Motion against chair person Mrs.Shivudkar on 2.4.2008. Hence, a special meeting was called on 15.4.2008 to discuss about No Confidence meeting. The case of the complainant is that to avoid any pressure or influence from any of the members, from 10.4.2008 the complainant along with victim Jaywant Chorge went out of Kolhapur and they returned back only on 14.4.2008 at about 11 p.m. At about 12 mid-night all the applicants suddenly reached there in different vehicles and they dragged Jaywant Chorge towards one car and made him to sit in the car. Threats were given to the complainant and others that they would be [-3-] killed. Thereafter, all of them went away taking Jaywant Chorge with them. 4. The statement of Jaywant Chorge has been recorded. He has stated that applicant nos.1, 2, 4 to 8, 10, 11, 13 and 14 took him away and thereafter he was locked up in the house of one person. He was assaulted at that time. Thereafter on the next day at about 12.30 p.m. he was released. It is pertinent to note that meeting in question was to take place on 15.4.2008 at about 11 a.m. and Jaywant Chorge came to be released on 12.30 noon on 15.4.2008. The statement of Jaywant Chorge as well as five other eye witnesses clearly implicate the applicant nos. 1, 2, 4 to 8, 10, 11, 13 and 14, hence, I am not inclined to grant them anticipatory bail to them. 5. In view of the statement made by the learned APP, I am inclined to grant anticipatory bail to the applicant nos.3, 9 and 12 only. 6. In the event of arrest, each of the applicants nos. 3, 9 and 12 i.e. applicant no.3-Santosh Pandurang Desai, applicant no.9-Dhanaji Dinkar [-4-] Kurale and applicant no.-12 Jitendra Ashok Desai be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) each with one or two sureties to make up the said amount. The applicant nos 3, 9 and 12 to report to Shahupuri police station, Kolhapur as and when required. 7. Application in respect of applicant nos. 1, 2, 4 to 8, 10, 11, 13 and 14 is rejected. 8. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]