1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1394 OF 2009 CRIMINAL APPLICATION NO.1394 OF 2009 CRIMINAL APPLICATION NO.1394 OF 2009 1. Shri Shivaji Rao Yashwant Patil, 2. Shri Dhondiram Sadashiv Patil, 3. Shri Mahipati Atmaram Patil, .. Applicants. Vs State of Maharashtra, .. Respondent Mr S.P.Kadam, for the applicants. Mr Y.S.Shinde, APP, for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 08.04.2009. DATED : 08.04.2009. DATED : 08.04.2009. P.C.: 1. Heard learned counsel for the applicants and learned A.P.P for the State. 2. The applicants are seeking anticipatory bail in C.R.No.11 of 2009 of Hupari police station,Dist-Kolhapur. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 143, 147,148, 149,307, 323, 504 of IPC r/w section 135 of the Bombay Police Act. 3. The applicants claim that they are the members of "Tanta Mukti Samiti", (for short, "the Samiti") which is established by the Government to resolve 2 2 2 disputes between parties at the village level. Applicant no.1 is Ex-Sarpancha, applicant no.2 is a member of the Samiti and applicant no.3 is an Advocate. It appears that there was a dispute between two groups in the village and, therefore, members of both the groups were called in the police station for the purpose of resolving the dispute. The applicants, being the members of the Samiti, attended the said meeting. After the dispute was resolved in the police station and when the persons belonging to both the groups were coming out of the police station, it is alleged that the members of the one group assaulted the members of other group. It is alleged that several persons from other group also assaulted the rival group with knife and other weapons. Insofar as the applicants are concerned, it is alleged that they also assaulted the complainant and others with kick and fist blows. In the incident, the complainant alone sustained only one injury, which is simple in nature. Mr Kadam, learned counsel for the applicants, submits that there was no reason for the applicants, who were present at the police station being the members of the Samiti, to participate in the incident. It appears that applicant no.1 has been given an award by the Government for bringing water in the village. 3 3 3 Mr Shinde, learned APP, has not disputed the fact that all the three applicants were the members of the Samiti. Keeping that in view and considering the nature of allegations against the applicants, I am inclined to grant this application for anticipatory bail. Hence, the following order. . In the event of arrest, all the three applicants be released on bail in the sum of Rs.5000/- each, with one or two sureties to make up the said amount, subject to condition contained in sub-section (2) of Section 438 of Cr.P.C. The applicants are directed to report to the concerned police station on every Sunday between 10 am and 12 noon till filing of the chargesheet. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)