1 BA-1747-&-702-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1747 OF 2011 WITH CRIMINAL APPLICATION NO. 702 OF 2011 mhi CRIMINAL BAIL APPLICATION NO. 1747 OF 2011 1. Pravin Yellappa Doiphode ) 2. Sou. Jayashree Shrikant Doiphode ).. Applicants/Orig.accused 1 & 2 . vs. The State of Maharashtra ... Respondent INTERVENOR APPLICATION NO. 702 OF 2011 1. Anil Ramrao Doifode ) 2. Avinash Anand Harale ) 3. Raju Vasant Shinde ) 4. Ajit Manik Shinde ) 5. Santosh Pandurang Harale ) 6. Sunil Ramrao Doifode ).. Intervenors/ Applicants/Orig.complainants Vs. 1. The State of Maharashtra ) 2. Pravin Yellappa Doiphode ) 3. Sou. Jayashree Shrikant Doiphode ).. Respondents/Orig.accused/ orig. applicants. Shri Shekhar A. Ingawale, Advocate, for the applicants. Shri Gunratan Sadavarte, Advocate for Inteveners (in Appln.No.702/2011) Shri Y.S.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 15th December,2011. 2 BA-1747-&-702-11.sxw P.C. 1. Heard. Application No.702 of 2011 is filed by the first informant and eye-witnesses to intervene and to oppose the bail application. The application is allowed and stands disposed of. 2. Accused Pravin Doiphode and Jayashree Shrikant Doiphode have filed the Bail Application seeking to be released on bail in Crime No.79 of 2011 registered with Vadgaon Police Station, Kolhapur for the offences punishable under Sections 302, 143, 147, 148 read with Section 149 of IPC. 3. According to the prosecution, because of certain old rivalry and disputes, on 5.7.2011 at about 6 p.m. , seven accused persons assaulted deceased Sandip Doiphode due to which he suffered several injuries on his head and chest and died. According to prosecution, at the time of the incident, accused Shrikant, Pravin and Shankar were armed with sickles. Remaining four accused were ladies. It is alleged that they had thrown chilli powder on Sandip, while Shrikant, Pravin and Shankar assaulted him with weapons in their hands. Applicant No.1 Pravin assaulted on the abdomen,while other two accused Shrikant and Shankar assaulted on his head with sickles. Post-mortem report shows that he had suffered injuries on his head and one injury on the chest resulting in cutting of his three 3 BA-1747-&-702-11.sxw ribs and also causing injury to the left lung. The cause of death was head injury with injuries to other vital organs. 4. Out of the four ladies, who are accused in the case, Pooja is a juvenile and other two accused Varsha and Madhuri have been granted bail. The case against the applicant No.2 – Jayashree cannot be distinguished from the case against Varsha and Madhuri. There is no allegation that they had actually assaulted, though there is a general statement that these ladies had thrown chilli powder. 5. The learned Counsel for the applicants points out that in the same incident, five persons from the side of the accused were injured and about that incident FIR was lodged by accused Shrikant Doiphode and on his report, Crime No.80 of 2011 was registered under Sections 325, 324, 143, 147, 148 and 149 of IPC against seven persons including deceased Sandip. It is alleged that all those accused persons were armed with swords and sticks and they had assaulted Shrikant and persons from his group and caused several injuries including fractures and severance of a finger bone. The prosecution and the learned Counsel for the intervenors could not explain how those injuries were caused to five persons from the side of the present applicants. Therefore, at this stage, prima 4 BA-1747-&-702-11.sxw facie, it appears that both the parties must have been armed with weapons and assaulted each other and as a result five persons from the side of the accused sustained injuries, while from the opposite side, Sandip Doiphode suffered injuries on his head and chest and died. Taking into consideration the circumstances in which the incident appeared to have occurred, I do not find any valid reason to refuse bail even to applicant No.1 Pravin. However, it will be necessary to put certain conditions to avoid any further complications and disputes as both parties reside in the same village and in the neighbourhood. 6. The applicant No.1 Pravin Yellappa Doiphode be released on his executing P.R. of Rs.50,000/- with two solvent sureties to make up the amount with condition that he shall not tamper with the prosecution evidence and shall also attend Vadgaon Police Station on every Monday between 3 to 5 p.m., till end of the trial. 7. Applicant No.2 Jayashree Shrikant Doiphode be released on her executing P.R. of Rs.15,000/- with a surety in the like amount with condition that she shall not tamper with the prosecution evidence. (J.H.BHATIA,J.) 5 BA-1747-&-702-11.sxw