1 Cri.Appln.No.1528/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1528/2011 (Gajanan Dattarao Amuge and Ors. Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. PS Dighe, Adv. for Applicant/s; Mr. KM Suryawanshi, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 25 th April, 2011. ... 1) Heard finally. 2) In Crime No.86/2010, the accused/applicants, in custody from 3rd December, 2010, for an offence punishable under Sections 302, 143, 147, 148, 149, 326, 336, 324, 323, 504 and 506 of IPC, have urged for bail. 3) Learned Counsel submits, investigation is complete, charge sheet is filed. He read the FIR to impress that at the most, the brutality can be to the credit of Baban, but so far as other four accused/applicants are concerned, they have a very minimal role in the incident as the injury suffered by the persons from the rival group, are simple in nature. The counsel further submits, that a trivial issue has given rise of taking toll of Munjaji, the aged person 2 Cri.Appln.No.1528/2011 from the rival group. 4) Learned APP, reading the investigation papers, specifically ponts the role of accused – Gajanan Amuge, having possessed a Katti, assaulted Ankush; Digambar Amuge and Satwa Amuge, holding iron rods, they assaulted Ramkishan; Baban Amuge, having iron rod, assaulted Munjaji Amuge and Ramkishan; Ganesh had an axe, assaulted Baliram. It was a group clash initiated at the behest of the accused/applicants in which they ensured elimination of Munjaji. User of deadly weapons was freely made available to ensure that a message is sent to the rival group. 5) Considering the brutality, with which the offence is committed, none of the members from the rival group was spared in the assault and they suffered grievous hurt. Even if charge sheet is filed that by itself will not mitigate the situation to release the accused/applicants on bail. 6) The application lacks merit, rejected. (K.U.CHANDIWAL) JUDGE bdv/