1 cri3869.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3869 OF 2011 Vilas Nimbaji Shinde ..Applicant -VERSUS- The State of Maharashtra ..Respondent ..... Mr. A.B. Girase, Advocate for applicant. Mr. B.V. Wagh, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 29th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. This is an application preferred by the applicant seeking regular bail, in connection with C.R. No.87/2011, registered at Shindkheda Police Station, Dist. Dhule, for the offences punishable under Sections 307, 326, 504, 506 of the Indian Penal. 2 cri3869.11 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant namely; Arun Sitaram Patil on 29th July, 2011, alleging that the applicant is the Ex-Sarpanch of Babhulde village and although, he was Sarpanch for the said village for number of years, he did not make any development and progress of the said village and also grabbed the money in different schemes and committed a fraud of about Rs. 22 Lacs. As regards the occurrence of the incident, it is alleged that on 29th July, 2011 at about 4.30 p.m. to 4.45 p.m. the complainant and his friend Kailas Barku Patil when proceeding on motor cycle from village Babhulde to village Chirne and complainant was driving the said motor cycle and Kailash was the pillion rider of the said motor cycle and while passing the Railway gate of village Chirne, suddenly, a Maruti van driven by the applicant came from behind and gave dash to the said motor cycle and due to said knock the complainant and pillion rider Kailash felled from motor cycle on the road, as well as the applicant gave abuses to the complainant asking why he lodged a complaint against him. It is also alleged that in order to kill the informant applicant 3 cri3869.11 again took reverse of the said van, thereby informant was frightened and he jumped and save himself, but said Maruti van ran over the person of Kailash and due to aforesaid incident, the complainant as well as Kailas sustained the injuries. It is further alleged that applicant gave abuses to the complainant and threatened them that if he lodges any complaint against the applicant, he himself would knock the head and would get admitted in the hospital and would lodge the complaint against the complainant. 4. The injury certificate of the complainant discloses that he sustained about three injuries including the fracture injury and the nature of the injury is grievous. The injury certificate of Kailas discloses that he also sustained about two injuries and nature of the injury is also grievous. 5. Moreover, the learned A.P.P. also pointed out that the applicant is habitual offender and about 5 C.Rs. in respect of different offences are pending against him which are as mentioned below : 4 cri3869.11 Sr. No. C.R. Number Under Sections 1. 91/2010 Under Section 307 of the Indian Penal Code, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 3(5)(25) of the Arms Act. 2. 49/2011 Under Section 406, 408, 409, 465, 467, 468, 471, 109 of the Indian Penal Code. 3. 56/2011 Under Section 406, 408, 409, 465, 467, 468, 471, 109 of the Indian Penal Code. 4. 66/2011 Under Section 392, 334, 452, 323, 504, 506 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 5. 87/2011 Under Section 307, 326, 504, 506 of the Indian Penal Code. 6. Besides, it is pointed out that the van allegedly used by the applicant in the occurrence of the incident is yet to be recovered and the investigation is still under progress and same has not been completed. 7. In the light of the aforesaid facts, it is not desirable to enlarge the applicant on bail, and therefore, the present application deserves to be rejected. 5 cri3869.11 8. In the result, the present application lacks merit and stands dismissed and disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3869.11