1 BA-1794-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1794 OF 2011 Jalindar Baburao Chavhan ... Applicant vs. State of Maharashtra ... Respondent Mr. Samir A. Vaidya,Advocate, for the applicant. Mrs. P.P.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th December, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.252 of 2011 registered by Haveli Police Station, Pune, for the offences under Sections 307,120B read with Section 34 of IPC and under Section 3 read with Section 25 of the Arms Act. 2. Prosecution case is that due to certain disputes between the first informant Arjun Ghule and accused No.1 Mangesh Balasaheb Chavan, said Mangesh Chavan and his cousin Jalinder i.e. the present applicant fired on Arjun with the pistols in their hands. Three bullets brushed his body causing some injuries on his right arm, behind the left ear and near the nose. One bullet entered 2 BA-1794-11.sxw into the left side of the abdomen. As per the medical report, after operation, that bullet was removed from the body. One of the empty bullets was recovered from the car of the first informant on which the accused persons had fired when he tried to run away. Thus, as per the FIR and the supplementary statement of injured Arjun Ghule, Mangesh Chavan and the present applicant had fired on him from their pistols. A pistol with some cartridges were recovered from Mangesh Chavan, while no such weapon was recovered from the present applicant. According to prosecution, as per the statement of the present applicant, they had made preparations to fire and for that purpose, they were practicing and the present applicant showed the spot of firing practice from where one empty bullet was recovered. Besides the statement of injured Arjun, two other witnesses have also stated before the police about firing by the present applicant along with Mangesh Chavan. The medical certificate shows four injuries on the body; one was on the abdomen from which the bullet was removed after operation. Thus, the medical certificate provides corroboration to the statement of the injured and other witnesses. Taking into consideration the manner, in which the applicant and his companion Mangesh Chavan fired, indicates that they had intention to commit murder of Arjun Ghule. According to prosecution, besides this case, one more offence against the human body has been registered against the present applicant. Taking into consideration all the circumstances, it will not be in the interest of 3 BA-1794-11.sxw justice to grant bail. If bail is granted, either the applicant may abscond or may endanger the life of the witnesses. 3. Therefore, the application stands rejected. (J.H.BHATIA,J.)