1 CA4887/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4887 OF 2011 Atul s/o Madhukar Dasale Applicant V E R S U S The State of Maharashtra Respondent Smt. S.S. Jadhav, Advocate, holding for Shri S.S. Jadhav, Advocate for the applicant Shri K.S. Patil, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 14th December, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant is arrested in CR No. 73 of 2011, registered with Patoda Police Station, District Beed. The applicant is charged under Sectiions 302, 324, 323, 336, 504 read with Section 34 of the Indian Penal Code. 3. The incident is said to have taken place on 17th June, 2011. Complainant Zumbar Rama Disale has stated that on account of dispute over ‘bandh’, the present applicant alongwith co-accused Ananda and Madhukar had 2 CA4887/2011 indulged in the incident. Ananda is said to have stabbed Shivaji, who has subsequently died. Present applicant is said to have inflicted axe on the head of Zumbar and on account of that Zumbar has suffered CLW on scalp, size 5 c.m. X 0.5 c.m., bleeding and swelling and tenderness on back side. In the entire incident, persons like Balu, Rangnath and Vijayanand have been injured. A reading of the entire charge-sheet goes to indicate that the applicant was armed with axe, co- accused Ananda was armed with knife and that is how they have entered the farm of the complainant and on account of very minor quarrel the assaults were inflicted on various persons. It was argued on behalf of the applicant that the role alleged against applicant is nominal in as much as applicant inflicted axe on the complainant and nothing beyond that. On these grounds, applicant prayed for bail to the applicant. 4. Learned A.P.P. opposed the bail application on the ground that the group of persons armed with deadly weapons entered the field of the complainant and on 3 CA4887/2011 trivial matter assaulted the victims and caused the death of Shivaji. 5. Having perused the charge-sheet, it is seen that the role attributed to applicant is axe blow to Zumbar. At the same time, looking to the manner in which the incident took place, the present applicant was a part and parcel of the entire incident. The incident is of June, 2011. The manner in which the applicant and co-accused have acted, clearly goes to show that if the present applicant is released on bail, he would put influence on the witnesses. In my view, the allegations against the present applicant are undoubtedly serious in as much as axe was inflicted by him for a insignificant event. Therefore, application is required to be rejected. In view of this, application stands rejected. ( R.Y. GANOO, J. ) SRM/14/12/11 4 CA4887/2011