1 Cri-A-3-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 3 OF 2011 1) Pradeep @ Hamper Hanuman Bhoir ) Age: 24 hears, Occ: Agriculturist. ) 2) Bhaktaprahlad Ramchandra Bhoir ) Age: 44 years, Occ: Agriculturist. ) 3. Avinash Keshav Patil, ) Age: 23 years, Occ: Agriculturist. ) All residing at Vadavali Village ) Tal. Kalyan, Dist. Thane. ) (at present lodged in Adharwadi Central ) Prison), Kalyan, Dist. Thane. ).. Applicants Vs. The State of Maharashtra. )..Respondent Mr. R.D.Suryawanshi,Advocate, for the applicants. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 5th January, 2011. P.C. 1. The applicants, who are accused in Crime No.637/2010 registered at Mahatma Phule Chowk Police Station, Kalyan, for the offences under Sections 143, 147.148,323, 324, 325 and 326 read with Section 149 of IPC, seek bail. 2. Heard the learned Counsel for the applicants and the learned APP. 2 Cri-A-3-2011.sxw 3. On perusal of the police papers, it appears that the offence was registered on the report of one Gurunath Ganpat Tare. The family of Gurnath held half share in certain lands situated at Vadavali and half share in the property was held by his uncle Amrut Tare. It appears that said Amrut Tare had sold his half share to Nirmal Lifestyle company who are builders. At the behest of Nirmal Lifestyle, a committee of certain persons was established and the members of that committee were trying to threaten Gurunath Tare and his family members. On 6.12.2010, at about 5.30 p.m, the members of that Committee assaulted and injured Kailash Ganpat Tare, Rajesh, Ashok, Vandana, Mahesh etc. They suffered several injuries. In the FIR, names of 9 assailants were specifically mentioned and some other persons were shown to be with the named accused. The FIR reveals that out of those accused,Vilas, Navnath and Bholanath were armed with swords and others were armed with sticks, etc. During investigation, names of the present three applicants were revealed, though their names were not mentioned in the FIR. It is revealed that in the statement of injured Vandana, Rajesh and Ashok that applicant Avinash was armed with a stick and he had assaulted on the leg of Vandana and caused injury. The other two applicants - Pradeep and Bhaktaprahlad assaulted with kicks and fist blows. As per the police statement of Rajesh, applicant Avinash had assaulted on his back and legs with the stick. It appears that injured Kailash suffered fracture of leg bone. It is stated that Ashok 3 Cri-A-3-2011.sxw also suffered a fracture of his arm. However, medical certificate about same is not available. 4. On perusal of the police papers, it appears that two injured had suffered fracture of leg and arm with sticks. It appears that three persons were armed with swords. However, no grievous hurt was caused with the swords. Prima facie, it appears that offence under Sections 323, 324 and 325 was committed. No grievous hurt appears to have been caused with a sharp and cutting weapon. It is not clear on what basis Section 326 of IPC is applied. There is nothing to show that the grievous hurt can be attributed to any of the present applicants nor any of the applicants was armed with sharp and cutting weapon. In fact, the applicant Nos. 1 and 2 had allegedly assaulted with kicks and fist blows only. 5. In view of the above circumstances, the applicants be released on their executing P.R. of Rs.10,000/- each with one surety in the like amount in Crime No.637/2010, subject to the condition that they shall not misuse the bail and shall attend Mahatma Phule Chowk Police Station,Kalyan everyday between 6 to 7 p.m. till the filing of the charge-sheet. (J.H.BHATIA,J.)