1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1704 OF 2010 Mr.Rupesh Sudhakar Mayekar )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. V. T. Tulpule i/by Ms.Nisha Parab for the applicant. Smt.A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 5th May, 2010 PC 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No.96/2009 for alleged offences under Sections 302, 323 & 504 read with 34 of IPC registered by the Ratnagiri Rural Police station, Ratnagiri. There is a cross complaint filed by accused no.4 in this case i.e. Deepak. The same is registered under C.R.No.97/2009 for offences under Sections 324, 323 & 504 read with 34 of IPC. The circumstances in the present case indicate that from the side of the present accused, two persons have suffered injuries. Accused no.1 Rupesh in the present case has suffered two lacerations on the head. Both the lacerations are on vital part of the body accompanied with bleeding. Though the injuries are simple they are on the head and according to the certificate, are caused by hard and blunt object. On perusing the complaint filed by Deepak who is accused no.4 in the present case, it appears to be their case that their group was assaulted by the group of the present complainant who came from behind. In the complaint which is filed by the injured Vilas, it is seen that on 16.10.2009 at about 8.00 P.M the complainants’ group was 2 agitated by the fact that the present accused no.4 has assaulted by Dinesh Sohni. They went to the house of Dinesh Sohni and thereafter deceased, Bhau Ravindra along with Prakash, Nilesh and Sohni came to the bus stop at about 9.30 P.M. It is their case that at that spot, they were attacked by the group of present accused and during that attack, present applicant gave a single stab blow on the chest of the deceased. The complainant and other witnesses do not mention anything about the bleeding injuries which are inflicted on the group of the present accused. Both the complaints in this case appear to conceal certain material facts. It is possible that the attack may have been commenced at the behest of either side and only evidence, when led will indicate as to which party was the aggressive party. However, taking into account that there are two head injuries said to have been caused by iron rod, it is possible that right of self defence could be invoked in this case. In the circumstances, I am inclined to grant bail. It is therefore, directed that pending his trial in pursuance of C.R.No.96/2009 registered by the Ratnagiri Rural Police Station, Ratnagiri, the applicant may be released on bail in the sum of Rs.20,000/- with one surety in the like amount subject to the condition that he will report to the Investigating officer once a fortnight on every 1st and 3rd Mondays of each month and will not tamper with the witnesses and will attend all the dates of his trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4