1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1493 OF 2010 Sandeep s/o Khandu Mhaske & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.S. Jadhavar, Advocate for the applicants Shri P.P. More, A.P.P. for respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 28h April, 2010 PER COURT: 1. Heard Mr. Santosh S. Jadhavar, learned counsel for the applicant Nos.1 and 2 as well as heard Mr. P.P. More, learned A.P.P. for the respondent. 2. This is an application preferred by the applicants, seeking bail in connection with C.R. No.I-86/2010, registered at Tophkhana Police Station, Ahmednagar, for the offences punishable under Sections 326, 323, 504 and 506 of the Indian Penal Code, since the applicants were arrested thereunder on 26.3.2010 and they are under judicial custody presently. 2 3. It appears that, the offence has been registered on the complaint lodged by the complainant Dattatraya Laxman Dahiphale on 24.3.2010 in respect of occurrence of incident at about 2100 Hrs. on 24.3.2010, alleging that, at that time, when the complainant and Rishikesh Katmore were proceeding by motorcycle bearing registration No.MH-16-Z-604 from Nirmalnagar towards M.I.D.C. and Rishikesh was driving the said motorcycle whereas the complainant was the pillion rider thereof, and while proceeding, a push of the said motorcycle was given to Khandu Malhari Mhaske and thereupon, the complainant and Rishikesh apologised, but Khandu Mhaske was irritated and abused the complainant and started assaulting him. Moreover, the other assailants namely Sandeep Khandu Mhaske, Mahesh Khandu Mhakse and Sanjay arrived there by running and without making any enquiry with the complainant and Rishikesh, Mahesh Khandu Mhaske i.e. applicant No.2 assaulted Rishikesh on his head by bat and Sandeep Khandu Mhaske i.e. applicant No.1 assaulted Rishikesh by fighter on his back. During the said fight, Mahesh Katmore intervened and tried to relieve the said fight, but Sandeep Khandu Mhaske i.e. applicant No.1 assaulted him also by iron fighter on his chest and back, and thereafter, realising the injuries sustained by the injured persons, the said assailants fled away. The injured namely Rishikesh Katmore sustained head injury and, therefore, he was admitted in 3 Deepak Hospital and complainant, Dattatraya took the treatment in Civil Hospital, Ahmednagar, and was discharged. 4. It is submitted that, the said bat and iron fighter have been recovered during the course of investigation. The statements of witnesses have been recorded during the course of investigation and the statement of Rishikesh injured apparently connects the applicants with the alleged crime. Moreover, the contents of complaint also reflects the name of the applicants and specific role and overt act has been attributed to them during the course of occurrence of the incident. 5. Besides that, the injury certificate of Rishikesh Katmore discloses that he sustained head injury as well as sustained depressed fracture of the right sqamous temporal bone, longitudinal fracture of the right petrous temporal bone, fracture of the right frontal bone, which apparently, attracts the ingredients of Section 326 of the Indian Penal Code. 6. Apart from that, the investigation is under progress and same has not been completed and, therefore, it is not desirable to enlarge the applicants on bail. 7. In the result, present application bears no substance 4 and same is devoid of any merits and, therefore, same stands dismissed. 8. Needless to say that the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cri1493.10