1 ABA-827-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 827 OF 2011 Prakash Balsu Sanap ... Petitioner vs. The State of Maharashtra. Respondent Mr.Rajeev Patil i/b. Mr. Onkar Warange,Advocate, for the petitioner. Mrs. P.P. Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 17th October, 2011. P.C. 1. The applicant seeks anticipatory bail in Crime No.100/2011 registered with Sinnar Shahar Police Station for the offences under Sections 307, 327, 353, 332, 333,342, 352, 147, 148 and 149 of IPC. 2. Heard the learned Counsel for the parties. Perused the police papers. It appears that the agricultural land of large number of farmers of Village Gulvanch was acquired by MIDC and later on the said land was transferred by the Government or MIDC to India Bulls, which is a big construction company. On 15.4.2011, about 1600 farmers had assembled to protest against acquisition of 2 ABA-827-11.sxw their lands at low prices for the benefit of a builder. According to police, the agitators had become violent and had caused damage to the property and had assaulted the police officers. Police also resorted to lathi charge. During that incident, one PSI Mangalsingh Baliram Suryavanshi suffered some injuries on the head. 126 farmers were arrested. Out of them, 97 were released on the same day and others were also granted bail later on. According to the prosecution, the present applicant had created rumours that PSI Suryavanshi was responsible for lathi charge and, therefore, the agitators assaulted him. It is not the case of the prosecution that the applicant himself had assaulted PSI Suryavanshi. About the rumours allegedly created by him, there are statements of three police constables and no independent person. As per the medical certificate issued by Siddhivinayak Superspeciality Hospital, which is a private hospital, PSI Suryavanshi had suffered contused lacerated wound on the head. There is no other medical certificate about the injuries suffered by him even though six months have passed thereafter. Prima facie, it appars that because of the minor injury suffered on the head by PSI Suryavanshi during stone pelting, the police have registered a serious case under Sec. 307 of IPC against a large number of farmers. There is no direct involvement of the present applicant in the incident. 3. Therefore, in the event of arrest in Crime NO.100/2011, the applicant 3 ABA-827-11.sxw be released on his executing P.R. of Rs.10,000/- with one surety in the like amount with condition that he shall make himself available to police for interrogation as and when required. (J.H.BHATIA,J.)