1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.437/2011 Ranjit s/o Onkar Funde Vs. State of Maharashtra. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 10/10/2011. Heard Mr. J.R. Kidilay, Advocate for the applicant and Mr. C.N. Adgokar, learned APP for the respondent. The applicant, who has been arrested in Crime No. 42/2011 registered at Pulgaon Police Station for offence punishable under Sections 302, 397, 120-B, 147, 148 and 149 of the Indian Penal Code read with Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has filed the present application for bail. The case of the prosecution in short is as follows:- The deceased was not having good terms with one Vijay Hukare, as Vijay Hukare had taken Rs. 10,000/- from him and was not returning the same. The deceased had demanded the said amount of Rs. 10,000/- from Vijay Hukare due to which Vijay Hukare had quarreled with him and had engaged three boys to assault him. On 6.3.2011 at about 4.30 p.m. Sandip Shriram Wadhai, Dinesh Kawanpure, Ranjit Funde (applicant) and one Sheikh Israil 2 assaulted deceased Ravi Lanjewar with gupti, iron rod and stones, as a result of which the deceased died. It is the contention of the learned Advocate for the applicant that Vijay Hukare is the main accused but he has already been released on bail and that there is variance in the statements of eye witnesses. He further contended that no weapon has been seized from the applicant nor any blood stains were found on his clothes and that no stones were seized from the spot. I have gone through the statements of the eye witnesses namely Yashoda Naktode, Atul Naktode, Yashwant Zanzote and Anil Nikam and these statements duly reveal participation of the present applicant in the assault. The case of the present applicant cannot be compared with Vijay Hukare, who has been released. The other co-accused namely Sandip Wadhai, Dinesh Kawanpure and Sheikh Israil are still in custody. Though the charge-sheet is filed, however, the said eye witnesses are yet to be examined. In my view, this is not stage appropriate for granting bail to the applicant. Hence, the application is rejected. JUDGE Ambulkar.