* 1 * BA-1226-2011 16 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1226 OF 2011 Shahu Lala Nanaware ... Applicant : V/S. : The State of Maharashtra .... Respondent * * * * Mr. Rajesh Khobragade a/w. Mr. Bhojraj Baral, Advocate for the applicant Ms. A.T. Jhaveri, APP for the State. * * * * CORAM :- SMT. R.P. SONDURBALDOTA, J. 16 DECEMBER, 2011. P.C. :- 1. The applicant herein is one of the accused in C.R. No. 495 of 2010 registered for the offences punishable under Sections 143 to 149, 307, 323, 504, 506 (ii) read with Section 34 Indian Penal Code. Later, in view of the death of the victim, the offence under Section 302 Indian Penal Code came to be added to the FIR. The complaint alleges that on 17th October, 2010 at about 5.00 p.m. when the immersion procession for Durga Devi started and when procession came to the water-tank opposite Kirti Clinic, there started * 2 * BA-1226-2011 16 Dec, 2011 an altercation between two groups in which one Janardan was assaulted on head with chopper by accused Prashant Raje and his brother Nishant. As per the statement of the first informant recorded on 17th October, 2010, the applicant herein and another assaulted Janardan with fists blows and kicks. However, the further statement of the first informant recorded on 21st October, 2010 alleges that the applicant had also assaulted Janardan with chopper which had fallen from the hands of the co-accused, Pramod Khedekar. The applicant is alleged to have assaulted Janardan on his head and on his back. Four other witnesses also stated about the assault by chopper by the applicant. During the course of investigation at the instance of the applicant, the chopper was recovered. The chopper recovered had blood stains on it. 2. The learned counsel for the applicant, submits that the implication of the applicant into the assault with the weapon on the deceased is an afterthought since the the subsequent statement of the first informant was recorded four days after the incident during recording of the FIR. He also points out that statements of atleast three witnesses implicating the applicant are identical statements. Therefore, they are not to be believed. According to the applicant, all the witnesses are interested witnesses as they belong to the rival group. * 3 * BA-1226-2011 16 Dec, 2011 3. Since the subsequent statement specifies a more serious role attributed to the applicant and recovery of the chopper at the instance of the applicant, it cannot be said that the applicant was not directly involved with the offence of murder of Janardan. The complaint itself shows that there are fights between the two groups over different issues. In the circumstances, I am not inclined to release the applicant on bail. The bail application is dismissed. [SMT. R.P. SONDURBALDOTA, J]