1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1895 OF 2009 CRIMINAL APPLICATION NO.1895 OF 2009 CRIMINAL APPLICATION NO.1895 OF 2009 Shri Jaywant Dattaram Parab, .. Applicant Vs. State of Maharashtra .. Respondent. Mr.B.G.Tangsali, for the applicant. Mrs.P.P.Shinde,A.P.P., for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 24.04.2009. DATED : 24.04.2009. DATED : 24.04.2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P for the State. 2. The applicant is seeking anticipatory bail in C.R.No. C.R.No.I-49/2009 of Rabodi Police station The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 143,144,145,147,148,149, 307,324,353, 332,336,338,435, 436, 427 of IPC r/w section 37(1) and (3) of Bombay Police Act. 3. It appears that there was riot, involving more than two hundred persons of the two communities. In 2 2 2 this inicdent of riot, some police personnel sustained injuries. I have perused the injury certificates of all. Most of them sustained hardly one injury each. Only 2-3 police personnel sustained more than one injuries, but the nature of the injuries sustained by them all, as described in the injury certificates by the Doctor, is simple. My attention was invited to the statement of Bapurao More, one of the witnesses to the incident and it was submitted that the present applicant was seen by the said witness at the scene of offence with knife in his hand. I have perused the complaint. The incident in question occurred on 17.3.2009. The complaint has specifically mentioned that the persons belonging to the group of the applicant were armed with stones, bricks, pieces of tiles, sticks etc. There is no allegation that any of the persons belonging to the applicant group was armed with sharp edged weapons, such as knife, gupti, sword etc. When the incident occurred, there were more than 200 persons from both sides present at the scene of offence. Keeping that all in view and considering the nature of injuries sustained by the police personnel, in my opinion, custodial interrogation of the applicant would not be necessary and hence I pass the following order. 3 3 3 . In the event of arrest, the applicant be released on bail in the sum of Rs.10000/- with one or two sureties to make up the said amount subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station every alternate day between 10 am and 12 noon till 10.5.2009 and thereafter on every Saturday between 10 and 11 am for a period of ninety days from the date of his formal arrest or till filing of the chargesheet, whichever is earlier. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)