1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 156/2011 ( Rishi @ Masa s/o Ashok Ghodeswar and another .vs. State of Mah. through PSO Hinganghat, Dist. Wardha. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. Mahesh Rai, Advocate for Applicants. Mr. D.P. Thakre, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 22, 2011 Heard. The prayer for bail made by the applicants/accused charge sheeted by Hinganghat Police Station as a result of investigation of Crime No. 298/2010 registered on 23.11.2010 for offence under Section 307 read with 34 of IPC and 4 & 25 of the Arms Act upon a report regarding the incident lodged by one of the injured- Jitendra about the assault effected by the applicants and two more charge sheeted accused persons upon the said first informant one Ravindra and one Kishore, with applicant no.2 using the razor, charge sheeted accused no.2 Jitendra using knife and charge accused no.3 using a sword on the count of the quarrel ensued earlier, is vehemently objected by the learned APP on the count of the incident having taken place on 2 the public road and all the accused during same had used sharp edged weapons and during the incident three persons were injured. It is urged that applicant no. 1 is having antecedents and steps are being taken for externing him. The learned counsel Mr. Mahesh Rai appearing for the applicants has pressed the prayer for bail on the count that there is a disparity regarding the account of incident as reflected from the FIR and the statement of the injured recorded during course of investigation. It is urged that apart from taking the same into consideration, even otherwise, it is difficult to perceive that the applicants or the co-accused were entertaining any intention to murder the first informant or any of the injured. It is urged that considering the reason because of which assault had stopped also signifies that except assaulting the victim with the weapons, the applicants were not entertaining any other intention i.e. alike to murder them. It is urged that such an inference also prima facie emerges from the nature of the injuries sustained by the injured as all of them on the day of incident were discharged from the hospital. Though the perusal of the charge sheet prima facie supports the submission canvassed by the learned APP regarding the place at which the incident had taken place, the same also supports to some extent submission of the learned counsel for the applicants regarding the intention entertained by the applicants. Having regard to the same and offence alleged to have committed by the applicants being not exclusively punishable with death or imprisonment for life, the 3 prayer for bail will deserve consideration with strict conditions. The applicants are directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One Lac) each with two solvent sureties in like amount and subject to the conditions that applicants - (i) after their release on bail, shall stay out of Wardha district and shall intimate their place of abode to the investigating officer and shall not change the same without the permission of the trial Court and shall also attend the said local Police Station within whose jurisdiction they would be staying everyday in between 11 & 1 p.m. for a period one month and thereafter on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial and shall not even attempt to come into contact any of the witnesses and particularly the injured or their family members; (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai