1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4200 OF 2008 Vaibhav Ganpati Kumbhar & Ors. .. Applicants. Vs. State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.4493 OF 2008 Ganesh Ramesh Nalvade .. Applicant. Vs. State of Maharashtra .. Respondent. WITH CRIMINAL APPLICATION NO.4494 OF 2008 Pravin Ajit Patil .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.G.M.Savagare the applicants in all the applications. Mr.K.V.Saste APP for the State in CA No.4200/08, Ms.Javeri APP for the State in CA No.4493/08 and Mr.Yagnik APP for the State in CA No.4494/08. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH DECEMBER, 2008. DATED : 17TH DECEMBER, 2008. DATED : 17TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2 2 2 2. The applicants in all the three applications are seeking bail in C.R.No.112 of 2008 of Jaysingpur police station, Dist.Kolhapur. The said crime has been registered against the applicants in all the three applications and one another for having allegedly committed an offence punishable under sections 143, 147, 148, 149, 326, 337, 427 r/w 34 of IPC. 3. It appears that there was a fight between two groups and both groups filed complaints against each other. The instant C.R. i.e. C.R.No.112 OF 2008 came to be registered at the instance of Jalandar Rajput while C.R.No.111 of 2008 came to be registered at the instance of Ganesh Nalvade - the applicant in application No.4493 of 2008. The three accused in C.R.No.111 of 2008 have already been released on bail by this court vide order dated 4.12.2008 in criminal application no.4088 of 2008. 4. It is the prosecution case that all the applicants and one another assaulted the complainant Jalandar Rajput, Chandrakant Durde and Pramod Solankar. All the three victims sustained injuries in the assault. Insofar as the applicants in criminal application No.4200/08 are concerned, it is alleged that all the three were holding sticks and they 3 3 3 assaulted the complainant - Jalandar Rajput. The applicant - Pintu Koli in this application also assaulted Chandrakant Durde on his legs. Similarly, Pravin Patil - the applicant in criminal application No.4494/08 allegedly assaulted the complaniant on his waist with stone and gave fist blows to Chandrakant Durde. Insofar as Ganesh Nalvade - the applicant in application No.4493/08 is concerned, he was armed with stick and he allegedly assaulted the complainant and Chandrakant Durde. One Pintu @ Amol Chandrakant Dhavale - the non applicant allegedly assaulted Pramod Solankar with sword who sustained 5-6 stab injuries. I have perused the injury certificates of the complainant and Chandrakant Durde. Insofar as Chandrakant Durde is concerned, he sustained only one injury on his head which required stiches. That injury is attributable to Pintu Koli - applicant no.2 in criminal application No.4200/08. Insofar as Jalandar Rajput is concerned, he sustained six injuries out of which only one injury on the chest is grievous and all other are described as simple. The grievous injury of Jalandar Rajput is also attributable to Pintu Koli - applicant no.2 in criminal application No.4200/08. 5. Having considered the role attributed and allegedly played by all the five applicants it is 4 4 4 clear that Pintu Vishwanath Koli is responsible for causing grievous hurt to the complainant and Chandrakant Durde. He seems to have assaulted both with stick in his hand. Since I was not inclined to grant bail at this stage to Pintu Koli - applicant no.2 in application No.4200/08, the learned counsel for him prayed for withdrawal of his application with liberty to apply for regular bail after filing of the charge-sheet before the Sessions Court. The learned A.P.P. has no objection for allowing him to withdraw and granting liberty as prayed. In the circumstances Pintu Vishwanath Koli - applicant no.2 in application No.4200/08 is allowed to withdraw the application for bail. Liberty to him to apply for regular bail before the Sessions Court after filing of the charge sheet afresh. 6. Insofar as other four applicants in all the three applications are concerned, I am inclined to grant them bail considering the role attributed to them and the injuries sustained by the complainant and Chandrakant Durde. Hence the following order: . Applicant Nos.1 - Vaibhav Ganpati Kumbhar and applicant no.3 - Riyaj Kamal Mujawar in criminal application No.4200/08, Pravin Ajit Patil - the applicant in criminal application No.4494/08 and 5 5 5 Ganesh Ramesh Nalvade - the applicant in criminal application No.4493/08 are directed to be released on bail in the sum of Rs.15,000/- each with one or two sureties in the like amount subject to condition that they shall report to the concerned police station on every Wednesday and Saturday between 7 and 8 pm till filing of the charge sheet and thereafter on every Saturday between 7 and 8 pm till conclusion of the trial. All the three applications are disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)