1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1929 OF 2011 1 Dattatraya Bhanudas Mahadik 2 Sahid Akbar Khan ..Applicants. (Org. Accd. Nos.2 and 3) v/s. The State ..Respondent. Mr. V.B.Mantri i/by Subhash Hulyalkar, advs. for the Applicants. Smt. R.V.Newton, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 21st December, 2011 PC : 1 Applicants seek to be released on bail in crime no.442 of 2011 registered with Loni Kalbhor police station, Pune for the offences punishable under Sections 307, 324, 323, 504 and 506 IPC. 2 According to the prosecution, because of certain disputes about the agricultural land when Omkar Bajirao Mandhare was repairing the boundary to protect the soil from being washed away by the water of Krishna river, accused Anna Bhausaheb Mahadik, Dattatray Bhanudas Mahadik and their driver Sahid Khan came there with iron bars in their hands. Accused no.1 Anna Mahadik asked the said Omkar to remove JCB, a machine for removing soil otherwise, he would set him to fire. Saying so, 2 he abused the driver of JCB. Omkar objected saying that land belonged to him. Thereafter the accused no.1 Anna abused and assaulted on the head of Omkar with iron bar. At the same time, accused no.2 Dattatray and the accused no.3 Sahid assaulted on left and right arms of Omkar with iron bars and caused injuries. The medical report reveals that Omkar had suffered injuries on head as well as both the hands. From primary health centre, he was shifted to Sassoon Hospital. It appears that finally he went to private hospital namely, Dhanvantri Hospital where he was admitted on 30.11.2011 and was discharged on 2nd December, 2011. It appears that he had suffered fracture of left arm of radius ulna but there is no fracture on head. 3 The learned counsel for the applicants, who are the accused nos.2 and 3, contends that in the same incident, accused no.1 Anna and the accused no.3 Sahid had also suffered injuries. Medical certificate of Anna shows that he had suffered incised wound, abrasion and contusion on different parts of the body. Accused Sahid had also suffered incised wound on forehead and parietal region of scalp. About that crime no.441 of 2011 was registered on the report lodged by Sahid. The learned APP concedes that the counter case is also registered under Section 307 IPC against Omkar and others. 4 In view of the facts and circumstances in which some persons from both the sides were injured and the fact that none of them had suffered 3 any serious injury and taking into consideration the role played by the applicants, they may be granted bail. 5 Applicants be released on their executing PR of Rs.20,000/- each with surety in the like amount with condition that they shall not tamper with the prosecution evidence. (J.H.BHATIA, J.)