1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5359 OF 2010 Suresh Jairam Patil Girish Eknath Patil ...Applicants. v. The State ...Respondents. Mr.S.R.Chitnis i/by S.L.Mhatre, advs. For the Applicants. Smt.G.P.Mulekar, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 10, 2011. P.C. 1 The applicants, who are the accused in Crime No.71 of 2010 registered at Hillline police station, Ambernath for the several offences including Sections 307, 325, 326, 149 of the I.P.C. have filed this application for bail. 2 Heard the learned counsel for the applicants and the learned APP . Perused the police papers annexed with the bail application. It appears that there are two counter cases. Crime No.70 of 2010 was registered on the report lodged by one Jitendra, who is co-accused alongwith the present applicants in Crime No.71 of 2010 which is registered on the basis of report lodged by Shivaji Patil, who is the main assailant in the crime no.70 of 2010. In Crime No.70 of 2010 one 2 Gotiram suffered several injuries on head and died and some other persons including present applicants also suffered injuries caused by chopper. Therefore, offence under Sections 302, 325, 326 IPC is registered. In the present case, prosecution case is that because of some old enmity on 11.6.2010 at about 8.45 p.m. the present applicants Suresh Patil, Girish, Jitendra Patil, Ankush, Sanjay, Sandip, Gotiram and 3 or 4 other persons assaulted Shivaji Patil and several other persons from his party and caused several injuries and, therefore, offences punishable under Sections 307, 325, 326 came to be registered. It appears that some persons from both sides suffered several injuries while Gotiram had suffered number of injuries on his head including fractures and he died. Shivaji Patil informant in the present case and who is the main accused in the counter case also suffered number of injuries on different parts of the body including head. Prima-facie, it appears to be case of free fight wherein both the parties had equally participated and assaulted each other with weapons including sticks, etc. In the present case, two persons namely Ankush and one Shashank have been granted bail. Others are in custody. In counter case five persons are granted bail. Others are in jail. Cases are already committed to the Court of Sessions and charges are framed. Manner and the circumstances in which the incident occurred 3 and both the sides assaulted each other and suffered injuries requires that these persons should not be enlarged on bail pending the trial. If they are granted bail, there is every possibility that they may tamper the prosecution evidence and there may be further similar incidents. However, it will be in the interest of justice that trial of both the cases should be concluded at the earliest. 3 For the aforesaid reasons, application stands rejected. However, the learned Sessions Judge is hereby directed to expedite the trial of both the counter cases and dispose off the same within six months from receipt of the order. (J.H. BHATIA,J.)