1 Cri-A-5663-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5663 OF 2010 Dharmendra @ Lodu Narayan Vayangankar... Applicant (Accused No.1) Vs. The State of Maharashtra ... Respondent Mr. S.V.Marwadi, Advocate, for the applicant. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 7th January, 2011. P.C. 1. The applicant, who was arrested by the Dahisar Police Station in Crime No.108/2010 for the offences under Section 307 read with Section 149 of IPC, seeks bail. 2. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers filed with the charge-sheet. 3. From the police papers, it appears that injurd Navin Shetty, who lodged the FIR and the present applicant had some previous enmity. Both have 2 Cri-A-5663-10.sxw criminal record and it appears that both of them were under the orders of externment from Mumbai. On 9.4.2010, at about 1.45 a.m. said Navin Shetty got a telephonic message from the present applicant and his companion Mehboob near the Nartendra complex, Vaishalinagar, Dahisar (E) for an amicable settlement. At about 2 a.m. Navin Shetty went there. The applicant was present there along with his five associates. The applicant abused and began to assault him with iron rod while his companions also assaulted him with swords and iron rods. The people, who tried to intervene, were threatened and they ran away. After the incident, Navin Shetty went to the hospital. He lodged a report and offence came to be registered. Police registered the offence under Sec. 307 of IPC. 4. The learned Counsel for the applicant contends that remaining accused persons have been granted bail and on the principle of parity, the present applicant should also be granted bail. He also pointed out that the injured Navin Shetty was also a criminal and later on he died in a motor accident and, therefore, there is no justification to refuse bail to the present applicant. According to prosecution, the applicant has a criminal history and he was under the orders of externment. Inspite of that he had come within the area of Mumbai Suburban and committed serious offence. There are four eye-witnesses and if the applicant is released on bail, their life will be in danger. 3 Cri-A-5663-10.sxw 5. The Medical Certificate of Navin Shetty shows that he had suffered in all seven injuries. Out of them five were on his head and two were on the fingers of both the hands. The injuries on the fingers appear to have been sustained when he thwarted the assault with sword by two of the accused persons. The injuries on the head were caused by the present applicant and his two companions. It is true that other accused persons have been granted bail, but it should not be forgotten that the present applicant has a long history of criminal cases and he was under the orders of externment and inspite of that he had come to the said area of Dahisar and committed the said offence. The conduct and the character of the applicant is sufficient to raise apprehension that if he is released on bail, he may tamper with prosecution evidence and due to fear witnesses may not depose before the Court. 6. Therefore the Application stands rejected. (J.H.BHATIA,J.)