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.3853 OF 2008 WITH CRIMINAL APPLICATION NO.653 OF 2008 Raju Gajanan Patil and Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.3854 OF 2008 Sanjay K.Dangar & Anr. .. Applicants. Vs. State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.3994 OF 2008 Girish Lahu Bhagat .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.C.G.Gavnekar for the applicants in CA Nos.3853/08, 3854/08 and 3994 of 2008. Mr.Manoj Kadam for the applicants in CA No.653/08. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 14TH NOVEMBER, 2008. DATED : 14TH NOVEMBER, 2008. DATED : 14TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicants in all three applications are seeking bail in C.R.No.140 of 2008 of Pen police station. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 147, 148, 149, 326, 323 and 504 of the IPC. 2 2 2 3. According to the prosecution all the applicants assaulted the complainant - Pandurang and three others with stick and fist blows on 13.10.2004 at 7.30 p.m. The complainant’s group and the accused persons belong to rival political parties in the village Balawali, Taluka Pen. In the alleged incident of assault apart from the complainant, the other persons who sustained injuries are, Ankush Patil, Pralhad Patil and Yeshwant Patil. I have perused injury certificates of all the victims. They have sustained hardly one or two injuries each and all the injuries are simple in nature. It appears that the complainant - Pandurang sustained injury on his head which required two stiches. On the basis of the statements of eye witnesses, the injury sustained by the complainant - Pandurang on his head could be attributed to Raju Gajanan Patil, applicant no.1 in Criminal Application No.3853 of 2008. In view thereof Mr.Gavnekar, learned counsel for the applicant does not press the application on behalf of Raju Patil and submits that he will surrender before the police and will apply for regular bail before the appropriate court. Having considered overall facts and circumstances of the case I am inclined to grant anticipatory bail to all the applicants, except Raju Patil - applicant No.1 in criminal application no.3853 of 2008. Hence I pass the following order: . Application No.3853 of 2008 is disposed of as 3 3 3 not pressed insofar as applicant no.1 - Raju Patil is concerned. It is open to the said accused to surrender on or before 21.11.2008 and apply for regular bail before the appropriate court. If such an application is filed, same may be considered by the concerned court, as far as possible, on the very same day. Till then i.e. till 21.11.2008 Raju Gajanan Patil shall not be arrested in connection with C.R.No.140 of 1998 of Pen police station. . All the applicants, in these applications, except Raju Ganpat Patil, be released on bail, in the event of their arrest, in the sum of Rs.15,000/- each with one or two sureties of the like amount subject to condition that the applicants shall report to the concerned police station every alternate day till 1st December, 2008 between 10.00 a.m. and 11.00 a.m. and thereafter on every alternate Saturday between 10.00 a.m. and 11.00 a.m. for a period of 90 days from the date of their formal arrest or till filing of the charge sheet, whichever is earlier. All the applications are disposed of. The application for intervention is also disposed of. . 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 without being influenced by the observations made in this order. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)