1 Criminal Application No.5376/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5376 OF 2010 Dwarkadas s/o Uttamrao Davkar ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.J. Salunke, Advocate for the applicant Shri V.H. Dighe, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 18th January, 2011 PER COURT : 1. Heard. The accused/ applicant, in custody from 6.12.2010, in Crime No.46/2010, registered at Pimpalner Police Station, for an offence under Sections 147, 148, 149, 323, 326, 307 of the Indian Penal Code and Section 3(25)(1) 27(1) of Arms Act, seeks release on bail. 2. Mr. Salunke submits, the other accused are released on bail by this Court. The accused is suffering from hypertension. The revolver which was allegedly used at the time of incident is surrendered by the accused himself on 30.5.2010. He was enjoying 2 Criminal Application No.5376/2010 bail in terms of Section 438 of the Criminal Procedure Code (anticipatory bail), the conditions of which he did not breach and the minimum role is attributed to the accused in the affairs having taken place on 19.5.2010. 3. The record illustrate, the accused/ applicant drove a Indica Car armed with firm arm, a revolver under a licence, and his associates were with weapons, sword and others. Others also joined him. No sooner the accused/ applicant, with his associates in the Indica Car and other vehicles barged the bus stand, the accused/ applicant opened fire in the air by two rounds, resulting in ensuring dispersal of the passengers or standby to facilitate to carry the activities of dealing with and wielding the injured Ramprasad, who was assaulted with a sword. Several persons suffered the brunt in commotion and terror at the instance of the accused/ applicant. 4. The accused successfully remained absconding and surrendered only on filing of charge sheet against others. The political cloud which the accused is enjoying, should not be allowed to tither the feelings of the complainant, the victim and several witnesses. The criminal record of the accused has been illustrated having faced prosecutions since 1986 up to 1995. Acquittal therein 3 Criminal Application No.5376/2010 by itself will not be a ground to certify him to be a clean character. Record demonstrate, almost in all the cases the complainant and the witnesses turned hostile, did not adhere to their police statements. The reasons of ill-health supported by medical certificate can be taken care at the hospital. In the result, application rejected. Liberty after charge sheet. Observations are prima facie in nature. K.U. CHANDIWAL JUDGE fmp/cri5376.10