1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.846 OF 2011 Deepak Damodar Kunjir ..Applicant. v/s. The State ..Respondent. WITH ANTICIPATORY BAIL APPLICATION NO.847 OF 2011 Appa @ Pravin Maruti Kunjir ..Applicant. v/s. The State ...Respondent Mr. O.A.Siddiqui, adv. for the Applicants. Ms P.P.Shinde, APP for the respondent/State. (In ABA No.846/2011) Shri Y.M.Nakhwa, APP for the State. (in ABA No.847/2011) CORAM : J.H.BHATIA, J. DATE : 19th October, 2011 PC : 1 Applicants in these two applications seek anticipatory bail in crime no.370/2011 registered at Loni Kalbhor police station for the offences punishable under section 326, 324, 323, 452, 143, 147, 148, 149, 504, 506, 427 of the IPC. 2 According to the prosecution on 27.9.2011, which was pola festival, at about 5.30 p.m. procession of bullocks was taken by the farmers of the village Valti. During that procession two persons namely Rahul 2 Ramdas Kunjir and Sachin Ramdas Kunjir frightened the bullocks of one Gajanan causing disturbance in the procession. It resulted into some quarrel, which was pacified due to intervention of some people. After the procession was over about a large number of persons assembled there with Koyta i.e. sickles, sticks, stones, etc. and began pelting of stones on the shops in the village. During that incident, one Maruti Kunjire suffered serious injuries on the head. In the same incident, one Bhagwan was severely beaten and he suffered several injuries on the chest and other parts of the body. On the report lodged by one Jitendra, the offence came to be registered against 19 named and 40 unnamed persons. Present applicants are also named in the F.I.R. They contend that they are falsely implicated due to group rivalry in the village. Prosecution has opposed the application on the ground that two persons suffered serious injuries and the applicants were among the assailants. 3 Medical reports reveal that Maruti had suffered some injuries including fracture of the frontal bone of the head. According to the prosecution, he had suffered injuries during the pelting of stones by some persons on the shops. On perusal of the F.I.R and statements of other witnesses, the applicant Deepak Damodar Kunjir is not shown as the applicant armed with deadly weapons like sticks, stones and that he had pelted stones or he had assaulted injured Bhagwan. Therefore, his role 3 does not go beyond presence in the mob. As far as the applicant Appa @ Pravin Maruti Kunjir is concerned, it appears that he had actually assaulted injured Bhagwan, had abused and threatened the complainant and he was also armed with sickle at the relevant time. According to the prosecution, Appa @ Pravin has criminal record and he was involved in two criminal cases even before this incident. The learned counsel for the applicants contends that he was acquitted in both the cases. Even though he was acquitted in both the cases but it appears that he has tendency to be involved in criminal cases. In this incident specific role is attributed to him. The fact that two persons suffered serious injuries during the incident goes to indicate that actually some persons had assaulted with weapons as well as by pelting of stones. Accused Appa is one of them. Therefore, his implication in the case does not appear to be because of political rivalry in the village. 4 In view of the above circumstances, Criminal Application No. 846/2011 is allowed and in the event of arrest in crime nos.370/2011, the applicant Deepak Damodar Kunjir be released on executing PR of Rs. 5,000/- with surety in the like amount. He shall make himself available to the police as and when required for the purpose of investigation. 4 5 Criminal Application No.847 of 2011 stands rejected. (J.H.BHATIA, J.)