1appln-2094-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2094 of 2010 Sudam Vasant Bodake vs. State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Vikas Shivarkar, for the Applicant. Mr K.V.Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 1ST JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant for his release on bail during the pendency of the matter for offence under Sections 302, 307, 341 and also for the offence of rioting armed with deadly weapons like sword and iron rods, etc. 2. Allegedly on the date of incident i.e. 8.8.2009 at about 8:30 p.m. or so, the complainant and his real brother were proceeding on the motorcycle when two vehicles chased them one vehicle over took the motorcycle and halted in front. Another vehicle remained behind. Present applicant got down from the vehicle from the front armed with sword in hand. Other persons came out from the rear vehicle armed with some such weapons. Assault was inflicted mainly on the brother of the complainant. Assault was by means of sword and other weapons. 2appln-2094-10 Name of the present applicant is taken as holding a sword and assaulting the deceased. Sensing the seriousness of the situation and being frightened the complainant ran away to the nearby construction of some temple but could notice what was happening as to his real brother who was being assaulted by the applicant and his associates. Noticing such commotion parents of the first informant also rushed to the spot, however, they were also assaulted by the co- accused persons by means of an axe, and other weapons and fist blows and kicks. As such parents of the complainant also were severely injured. They are eye- witnesses and had taken the name of the present applicant as the assailant using sword in the assault. Brother of the complainant succumbed to the injuries after about two days in the hospital while he was under treatment. Parents of the complainant also were taken to the hospital and their statements were recorded after about two days. This recording of statements after two days is emphasized by the learned Advocate for the applicant while arguing on behalf of the applicant suggesting that it was a concocted story. It is further brought to the notice of the Court that supplementary statement of the complainant was recorded in which he had corrected the apparent error occurred as to taking the name of the present applicant twice in the F.I.R, once getting down from the vehicle from the front and again taking his name as persons getting down from the vehicle coming from behind. It is also brought to the notice of this Court on behalf of the applicant that in the said supplementary statement the complainant had created another error as to all the persons were not holding swords but other persons except the present applicant were holding some other weapons like iron bars etc. By pointing out this it is submitted on behalf of the applicant that concoction of the present applicant 3appln-2094-10 cannot be ruled out. 3. Needless to mention that hair splitting of the evidence, as to acceptability or otherwise in order to establish guilt of the person during the trial, is not expected when the Court is dealing with the application for bail. Prima faice it is to be ascertained whether there are per se false allegations against the applicant. Considering the present matter at hand and considering that there are three eye witnesses and taking the name of the present applicant and giving his role as assailant, and holding sword, it would not be in the fitness of situation to release the applicant during the pendency of the trial. In the result, the following order:- ORDER: (a) Bail application is rejected. (b) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J)