1 Cri-5599-5665-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5599 OF 2010 WITH CRIMINAL APPLICATION NO. 5665 OF 2010 CRIMINAL APPLICATION NO. 5599 OF 2010 Shri Anand Jagdish Choudhari ... Applicant (Orig. accused) Vs. The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 5665 OF 2010 1. Ravi Premsing Bidlan ) 2. Sachin Batala alias Sachin ) Jayantilal Solanki ). .. Applicants (Orig. accused) Vs. The State of Maharashtra .. Respondent Mr. V.V.Gangurde,Advocate, for the applicants. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th January, 2011. P.C. 1. The applicants in these applications are arrested in Crime No. 568/2010 registered at the Nallasopara Police Station for the offence punishable under Sections 395 and 397 of IPC. 2 Cri-5599-5665-10.sxw 2. Heard the learned Counsel for the applicants and the learned APP. perused the relevant police papers. 3. Prosecution case, in brief, is that first informant Sanjay Choudhari and his friends Ramlu and Ayyappa went to see some land near Vitiwadi Cremation ground for redevelopment of a chawl on 2.11.2010 at about 1 p.m. When they were discussing about the same, at about 1.20 p.m. Ravi, Babloo and their companions came there on a motorcycle. They told Sanjay Chaudhari and his companions that they had dashed a girl near Evershine City Bus Stop. The complainant told them that they had not given any dash to any girl . Anyhow, they accompanied to see who was the girl who claimed to have been dashed. When they reached near the last bus stop, they were asked to wait. At that time, one person came from the compound and then accused Ravi, Babloo and their two companions caught hold of Sanjay Chaudhari and Ramlu. 4-5 other persons came with sticks from behind the water reservoir. They assaulted Ayappa Pillai. Sanjay Chaudhari and Ramlu were also beaten with fist and kick blows by the accused Ravi, Babloo and two companions. In the original FIR, it was contended that when Sanjay Chaudhari fell down, Ravi snatched the gold chain from his neck and put in his own pocket and also beat him with sticks. It was stated that while 3 Cri-5599-5665-10.sxw leaving the spot, one of the companions of Ravi and Babloo started the motorcycle of the first informant and went away with the same. Thus, dacoity of gold chain worth Rs.40,000/- and motorcycle worth Rs.35,000/- was committed. Later on , i.e. on 13.11.2010, the first informant Sanjay Chaudhari made a statement before the police that during the incident his gold chain had fallen and got entangled in his own pocket. When he was taken to hospital his friend Pradeep had taken it and retained with him. Later on, that chain was returned to Sanjay Chaudhari by his friend Pradeep. Thus, the prosecution case that accused Ravi had snatched the gold chain and taken away was not correct and that allegation was made by him by mistake because at that time he was in injured condition and was unable to understand as to what had happened. Anyhow, the charge of dacoity under Sec. 395 of IPC cannot remain. After deletion of that part from the FIR, if the case is looked into, it would reveal that Ravi and his companions assaulted Sanjay Chaudhari and his companions prima facie because they had shown interest in the redevelopment of the land. They had taken Sanjay Chaudhari and his companions to the spot of incident under the pretext that they had given a dash to a girl. On perusal of the medical certificates, it appears that Sanjay Chaudhari suffered a fracture of the left index finger and Ramlu and Ayyappa suffered simple wounds. Though the doctor has mentioned the word "grievous" in the certificate, but none of the injuries appear to be grievous hurt. 4 Cri-5599-5665-10.sxw As the first informant Sanjay Chaudhari and his companions were assaulted with sticks, fist and kick blows and one of them suffered grievous hurt they could be prosecuted for the offence under Sec. 325 of IPC. It appears that while leaving the spot, one of the culprits took away motor-cycle which was seized later on by the police. From the circumstances , it does not appear that Ravi and his companions had gathered there to commit dacoity or robbery in respect of the motorcycle. The names of the applicants Anand Chaudhari and Sachin Solanki are not disclosed in the FIR or in the statement as assailants. The applicant Ravi was the main accused. However, the FIR does not show that he had taken away the motor- cycle. 4. In view of the above, the applicants - Anand Jagdish Chaudhari, Ravi Premsingh Bidlan and Sachin Batala alias Sachin Jayantilal Solanki be released on their executing P.R. in the sum of Rs.25,000/- each with one or two sureties in the like amount with condition that they shall not tamper with the prosecution evidence and shall attend the Nallasopara Police Station every Sunday between 11 a.m. to 1 p.m. till the filing of the charge sheet. (J.H.BHATIA,J.)