1 BA-1820-11.sxw IN THE HIGH COURT OF JUDICATURTE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1820 OF 2011 1. Shri Dattatraya Khanderao Aarage ) 2. Shri Apa Khanderao Aarage ) 3. Shri Khanderao Bhau Aarage )..Applicants (Orig. accused) vs. The State of Maharashtra ..Respondent Shri S.G.Kudle, Advocate, for the applicants Smt. P.P.Shinde, APP, for the respondent-State. CORAM: J.H.BHATIA, J. DATE : 19th December,2011. P.C. 1. The applicants seek to be released on bail in Crime No.95 of 2011 registered with Shirol Police Station, District Kolhapur, for the offences punishable under Section 307 read with Section 34 of IPC. 2. It appears that there was some dispute about agricultural lands between the applicants on one hand and Sangeeta Banderao Aarage, sister-in-law of the applicant No.3 Khanderao. The dispute had also gone to the High Court and the Revenue Authorities. According to the prosecution, on 6.11.2011 at about 2 BA-1820-11.sxw noon time, the first informant Sangeeta Aarage went to the field for cultivation and for this purpose, she had also brought a tractor. Her brother Sunil Koli and his wife Sunanda were also present in the field. At about 4 p.m., the applicants went there, armed with sickles. The applicant Nos.1 an 2 are sons of applicant No.3 Khanderao. Applicant No.1 Dattatraya asked Sangeeta as to why she was cultivating the land. Thereafter, the applicant No.1 Dattatraya and applicant No.2 Appa allegedly assaulted Sunil Koli with the sickle and caused injuries. They also assaulted Sangeeta and caused injury on her left hand. At that time, applicant No. 3 Khanderao was instigating his sons by saying that first informant and her brother should not be left alive. After Sunil Koli collapsed on the ground with bleeding injuries, the accused persons ran away. 3. The learned Counsel for the applicants contends that long before this alleged incident, applicant No.3 Khanderao had approached the High Court and filed a Writ Petition seeking directions in respect of the revenue entries of the agricultural land. Admittedly, there were disputes about the land. From the police papers, it appears that applicant Nos. 1 and 2 had assaulted Sunil Koli and his sister Sangeeta with sickles and caused injuries. The medical certificate shows that Sunil Koli had suffered five injuries on different parts of the body. However, none of the injuries was grievous hurt. Others were on different parts of the body. 3 BA-1820-11.sxw 4. The learned APP, on instructions, makes a statement that Sunil Koli was admitted in the hospital for six days and then was discharged. Even though the police have registered the offence under Section 307 of IPC, taking into consideration the nature of injuries suffered and the fact that investigation is already completed and nothing remains except filing of the charge-sheet, there is no valid reason to refuse bail to the applicants. 5. Therefore, the applicants be released on their executing P.R. 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 Shirol Police Station every Sunday between 5 to 7 p.m. till filing of the charge-sheet and thereafter on first Sunday of every month till end of the trial. (J.H.BHATIA,J.)