abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3980 OF 2007 Khetansingh Ranbirsingh Dudhani .. Applicant V/s The State of Maharashtra .. Respondent Mr.P.R. Arjunwadkar for the applicant. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 28TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant seeks bail under section 439 of the Cr.P.C. in respect of the crime registered with Swar Gate Police Station, Pune under C.R. No.404/2007 for the offence punishable under sections 143, 147, 148, 149, 307, 332, 333, 325, 427, 504 of the Indian Penal Code read with section 4(25) of the Arms Act. 3. On 11th June 2007, there was some quarrel - 2 - between the staff of PMT bus and the staff of Tata pickup tempo no.MH-14-V-0014. On account of the said quarrel, staff from the tempo started assaulting the conductor of the PMT bus. A driver of another bus came for the help of the conductor. He was also assaulted by one named staff member of the Tata Tempo and 8-10 other persons whose names were not known. One of the accused was named in the FIR while others were not named but the victim in the FIR says that he would be able to identify the assailants. 4. Learned counsel for the applicant submitted that the applicant has not been named in the FIR and there is no material to connect him in the crime. Identification parade has not been held. He therefore submitted that the applicant is entitled to be released on bail. 5. Learned A.P.P. for the State submitted that after the arrest of the applicant, he has discovered the the swords and a steel rod used for the assault. Discovery was made under section 27 of the Evidence Act at the instance of the applicant on 11th June 2007. The weapons used in the offence have been sent to the chemical analyser and report of the chemical analyser is awaited. Hence, prima facie there is evidence against the applicant. - 3 - 6. The applicant is involved in an offence under section 307 of the I.P.C. which is punishable with imprisonment for life or imprisonment upto 10 years. A public servant, who on account of a street fight, while on duty was assaulted. Not only that, another public servant, who went for his help, was also assaulted with dangerous weapons. There is prima facie material against the applicant. In the circumstances, this is not a fit case for grant of bail at this stage. The application is therefore rejected. (D.G. KARNIK, J.)