1 CR.APL NO.776/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.776 of 2011 Dwarkadas s/o Uttamrao Devkar, Age 50 years, Occu: Agriculture, r/o Mouj, Tq. & Dist.Beed. ...APPLICANT VERSUS The State of Maharashtra Through Police Station, Pimpalner, Dist. Beed. ...RESPONDENTS ... Mr.V.D.Salunke, Adv., h/f Mr. S.J.Salunke, Adv., for the applicant. Mr.K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:11-3-2011 *** PER COURT : 1. The accused/applicant, in custody from 6.12.2010, in Crime No.46/2010, registered at Pimpalner Police Station, dist. Beed, seeks bail after chargesheet. 2 CR.APL NO.776/2011 2. Learned Counsel for the accused/applicant submits that even if the prosecution story that applicant opened fire in the air, is believed, it will not attract Section 307 of IPC as nobody is injured in the said event nor anybody is killed. The investigator has seized two bullets. There could not be four rounds of fire.No purpose would be served to keep the accused/applicant in custody. The revolver - the fire arm is surrendered on 30th May, 2010, to the investigator. 3. Learned A.P.P. submits, witnesses have stated that the accused/applicant pointed the revolver to Bandu @ Shivaji and had fired twice at him. However, Bandu was saved. Learned A.P.P. further submits, user of fire arm and aiming it, opening fire, attracts Section 307 of IPC. 4. At this stage of the matter, though chargesheet is filed and, on 18th Jan.,2011, while rejecting Criminal Application No. 5376/2010, liberty was granted, however, the situation does not seem to be changed as there is prosecution of 2009 against the accused/applicant for an offense under Sections 353, 324, 504, 506 read with Section 34 of IPC vide Crime No. 90/2009. The earlier prosecutions to which reference was given in the earlier order have 3 CR.APL NO.776/2011 culminated in acquittal for which reasons were also indicated. 5. It is not that no case primarily is made out in terms of Section 307 of IPC. The threat perception to the witnesses, who are passers by from the village of the accused/applicant need not be ignored. The clout, the accused/applicant possesses, is apparent as, in spite of four or five criminal cases against him, he succeeded in obtaining a fire arm. The manner in which the events have taken place at the Bus Stand illustrate, the arrogance in mind-set of the accused/applicant. By opening fire the applicant terrorized the villagers, passengers, who were running helter-skelter. Consequently, no case to release on bail. Application rejected. Observations are prima facie in nature. (K.U.CHANDIWAL) JUDGE agp/776-11crapl