1 aba433.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.433 OF 2011 (SMT. DURGA SURESH TEKAM & SHAILESH MOHAN GWALBANSHI//VS// STATE OF MAH. THR.P.S.O. GITTIKHADAN) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.M.Patwardhan, Advocate for Applicants. Mr.S.S.Doifode, A.P.P. for Respondent/ State. CORAM : M.N.GILANI, J. DATED : DECEMBER 23, 2011. Heard both sides. This is an application under Section 438 of the Code of Criminal Procedure for releasing the applicants on bail against whom offence bearing Crime No. 341 of 2011 is registered with Police Station, Nagpur under Sections 147, 148, 149, 324, 325 and 427 read with Section 34 of the Indian Penal Code. One Dharmendra Rangari had purchased a plot which is in Gittikhadan area for a consideration of Rs.ten thousand. On 14.10.2011, when he was present there, Durgabai-applicant No.1 and one Gajanan came there. They threatened him not to make any construction on the plot. Dhamendra was told by them that the plot belongs to one Sanjay Parteki. On 16.10.2011 in the night at 8.30 p.m. 4-5 persons had come on the plot and abused and threatened the complainant. On 17.10.2011 in the midnight 10 to 15 persons came on the plot armed with weapons like sticks and assaulted the complainant as well as neighbours who had come for the rescue of the complainant. On that basis the report came to be lodged. 2 aba433.11.odt It is the case of the applicants that there is no evidence against them. It is contended that they are not concerned with the incident dated 17.10.2011. The learned Additional Public Prosecutor made available for perusal of this Court the case diary. It is revealed during investigation that the incident dated 17.10.2011 had occurred at the instance of the present applicants. In the assault one Ravindra Rangari had sustained fracture of right hand, Dharmendra had sustained contusion on back side, Ashish Bhagat had sustained linear abrasion and Suraj and Krishna had sustained lacerated wounds. The injuries sustained by Krushna is stated to be grievous. Apart from this, both these applicants have no clean antecedents. Against applicant No.1-Durgabai nine offences have been registered, those are, Crime No.3090/2002, under Section 160 of IPC, Crime No.3099/04 under Section 294, 506 of IPC, Crime No.6103/2002, under Section 66-B of Bombay Prohibition Act (“Prohibition Act” for short), Crime No.6009/04, 6130/07, under Section 65-A of the Prohibition Act, Crime No.6065/2008, under Section 65-A of the Prohibition Act, Crime No.6018/2009, under Section 66-B of the Prohibition Act and Crime No.6010/2010 under Section 65-A of the Prohibition Act, registered with Gittikhadan, Nagpur. Against applicant No.2-Shailesh five offences were registered, those are, Crime No.120/1998 and Crime No.142/1998 under Section 324 r/w 34 of IPC, Crime No.147/2001 under Section 302 r/w 34 of the Indian Penal Code with Police Station Sadar and Crime No.119/2002 under Sections 143, 294, 506, 323 of the IPC and Crime No.341/2011 under Sections 147, 148, 149, 324, 325 and 427, i.e. present one, are registered with Police Station, Gittikhadan. 3 aba433.11.odt Considering the nature of the offence, alleged against the accused, it appears that their custodial interrogation is necessary. The learned Additional Sessions Judge was right in rejecting their bail application. The application is rejected. JUDGE RR..