1 BAG-253.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE - CRIMINAL CRIMINAL APPLICATION NO.253 OF 2011 Manoj Vilas Shinde .... Applicant Vs. The State of Maharashtra .... Respondent WITH CRIMINAL APPLICATION NO.254 OF 2011 Ashok @ Pintu Bajarang Madane .... Applicant Vs. The State of Maharashtra .... Respondent Shri A.P. Mundargi, Senior Counsel with Ms Manjiri Parasnis for the Applicant in both CAs. Ms G.P. Mulekar, APP, for the State in both CAs. Shri Ashok Misal for the original Complainant. CORAM: R.C. CHAVAN, J. DATED: MARCH 23, 2011 P.C: The two applicants seek bail in connection with their arrest effected in Crime No.191 of 2010, registered with Akluj Police Station, District Solapur for the offences 2 BAG-253.11 punishable under Section 307 r/w Section 149 of the IPC. The story is that the applicant Manoj Shinde, an opponent of the victims, was driving a Zylo four wheeler. He gave a dash to three victims who were riding a motor-cycle. After the victims fell down, the applicant stopped his vehicle, brought it in reverse gear in order to again crush the victims. Eleven persons, including the applicant Ashok Madane, who were in the jeep, came out of the jeep, some of them were armed with swords and charged at the victims but on seeing people gather, they took to heels, leaving the jeep at the spot. The learned counsel for the applicants points out that there is a panchnama of the spot drawn up by the police which shows that there were brake marks extending upto 27 feet behind the jeep which would rule out the story that after giving dash the jeep had moved ahead and then stopped and was reversed and therefore submits that the case may be one of accident or at worst of reckless driving on the part of one of the applicants Manoj. The learned counsel for the first informant states that swords have been seized at the instance of the applicants but since swords have not been used, that will not be significant. The learned APP points out that on the same day in the morning the 3 BAG-253.11 applicants had committed similar offences. That too, may not affect the fortunes of the applicants since the panchnama of the spot rules out the possibility of the incident having occurred in the manner in which it is depicted in the FIR. In view of this, both the applications are allowed. The applicants be released on bail in the afore-stated crime number on their furnishing P.R. Bond in the sum of Rs.50,000/- each with one or more solvent sureties in the sum aggregating to Rs.50,000/- per applicant on the condition that the applicants shall keep themselves outside the Akluj Town till the trial is over. They shall indicate the place of their residence to the I.O. outside the Akluj Town so that the I.O. can check up. The applications accordingly stand disposed of. (R.C. CHAVAN, J.)