1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5647 OF 2010 Mr. Dewnath Ishwer Mehar ...Applicant. v. The State ...Respondents. Mr. Ganesh Bhujbal i/by Prakash Naik ,advs. For the Applicant. Smt. R.V.Newton, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 20, 2011. P.C. 1 Present applicant was arrested on 9.11.2010 in Crime No. 147 of 2010 registered at Vasai police station for the offences punishable under Sections 395, 397, 452, 336, 337 r/w Section 34 of the I.P.C. 2 Heard. As per the F.I.R. lodged on 23.10.2010 at 2 a.m. incident of this case had taken place on 22.10.2010 at 20.45 hours. Accused persons were trying to obstruct last rites of the deceased Rama Meher, who had expired on the earlier day. They were also preventing member of the community from participating in the last rites. Thirteen accused persons and 3 or 4 other unknown persons assaulted the complainant and the others with sticks, bamboos, stones, etc. The present applicant had assaulted some of the injured persons with stick. During 2 that incident a gold chain worth Rs.22,000/- was lost from the neck of the complainant Jitendra and, therefore, it appears that sections 395, 397 were added. On perusal of the F.I.R., it is difficult to accept that purpose of the assembly was to commit dacoity. Out of 13 accused persons; 9 persons are granted anticipatory bail, one is granted bail by this Court and some persons are absconding. Medical reports of the injured persons show that all the injuries were simple by nature and on that ground, this Court had granted bail to accused Amar Meher by the order dated 2nd December, 2010. It is difficult to distinguish case of the present applicant from that of Amar. 3 Therefore, applicant be released on his executing PR of Rs. 25,000/- with one or more sureties in the like amount with condition that he shall attend the police station on every Sunday between 10 a.m. to 1 p.m. for the next three months and thereafter on first Sunday of every month till the end of the trial. (J.H. BHATIA,J.)