- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 698 OF 2008 Abasaheb Vithoba Vhanmane Applicant vs. State of Maharashtra Respondent Mr.Avinash Fatangare, Advocate for the applicant. Mr. D.P. Adsule, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 18, 2008. PC 1. Heard. 2. The applicant has been arrested on 6th February 2008 in connection with C.R. No. 40 of 2008 registered with Sangola Police Station for the alleged offence punishable under section 143, 147, 148, 149, 326, 337, 504, 507 and 427 of Indian Penal Code. Learned APP submits that section 306 of I.P.C. has also been added to the crime subsequently. Applicant seeks bail in connection with said crime. - 2 - 3. On 5th February 2008 Dattatraya Tukaram Vhanmane who is cousin of the applicant, filed first information report alleging therein that at 8.30 p.m. the accused No.1 Navnath came to his house and threatened him by stating that partition of family lands was not fair and he was not agreeable to it. Accused No.1 Navnath went away and returned after ten minuts to the house of complainant alongwith applicant and 3-4 other persons. They abused the complainant and hurled stones at him, and at his house. One of the stones hit the complainant on his forehead and another on the chin. Because of the stone pelting glasses of the windows were broken and damage of Rs.5,000/- was caused to the house. 4. The applicant was arrested on the following day and he is in custody since then. More than two weeks have passed since the incident. Substantial part of the investigation must have been completed by this time. The incident appears to have arisen out of family dispute and only some stones were pelted. There is no material on record to show that applicant was intending to cause death of the complainant, and except for stone pelting, there is no overt act. Initially offence was not registered for the offence punishable under section 307 of I.P.C. Taking into consideration the fact that applicant is in custody for more than six weeks and except the subsequently added - 3 - offence under section 306 I.P.C., all other offences are punishable with imprisonment not exceeding ten years, in my view the applicant is entitled to bail. Hence, I pass following order. _O_R_D_E_R_ . The applicant be released on bail, on furnishing personal bond in the sum of Rs.20,000/- with two sureties in the like amount, subject to condition that applicant shall not make inducements or threats to any of the prosecution witnesses and shall report to the concerned police station once a month between 1st and 5th day of British calender month till filing of the charge sheet. Sd/- [ D. G. KARNIK, J.]