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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 181 OF 2021

1. Khanna Singh Kalyani

2. Pilli Singh Kalyani

.... Applicants

Versus

The State of Maharashtra

.... Respondent

_____

Mr. Subhash Jha a/w. Hare Krishna Mishra i/b. Law Global

Advocates for Applicants.

Smt. A. A. Takalkar, APP for State/Respondent.

_____

CORAM :SARANG V. KOTWAL, J.

DATE

:06^th APRIL, 2021

P.C. :

1.

The Applicants are seeking their release on bail in

connection with C.R.No. 205 of 2020 registered at Yerwada police

station, Pune city, under sections 307, 385, 387, 324, 143, 147,

148, 427 r/w. 149 of the Indian Penal Code (for short ‘

IPC’) and

under sections 4 and 25 of Indian Arms Act.

2.

Heard Shri. Subhash Jha, learned counsel for the

applicants and Smt. Takalkar, learned APP for the State.

3.

The First Information Report (for short ‘

F.I.R.’) is

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lodged by the injured Kundansingh Bawari himself. He has stated

that, on 24/02/2020 the applicant No.1 called him telephonically

and demanded Rs.1 lakh as extortion money. The informant

expressed his inability to pay that amount. On 06/03/2020 there

was a wedding ceremony in the family of the informant. At that

time, the applicant and others from his group were not invited.

Therefore, the applicant and his group were upset. At about

10:00p.m. when the informant was present in front of one Madan

scrap shop, both the applicants and 9 to 10 other associates came

there in 3 to 4 cars. They were carrying weapons like sickle, sword,

hocky stick. Suddenly they started assaulting the informant. They

tried to give blows with sword and sickle. The informant avoided

those blows. His two wheeler was damaged because of these

weapons and blows. He pushed the assailants and started running

towards his house. Applicants and one Makhansingh Kalyani

chased him with sword and sickle. Assailants also damaged some

two wheelers and four wheelers. Police van came there and,

therefore, all the assailants ran away from the spot. On this basis,

the F.I.R. was lodged.

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4.

Learned counsel for the applicants submitted that the

applicants are falsely implicated. They are on inimical terms with

the informant and they are also in bad books of local police

station, therefore, they have applied major sections like 307 and

387 of IPC for a minor incident. He submitted that, one

Makhansingh Kalyani was granted anticipatory bail and Amitabh

Junni and Nilesh Khandagale were granted regular bail. Therefore,

on the ground of parity also applicants deserve to be released on

bail.

5.

Learned APP opposed this application. She submitted

that all the sections applied against the present applicants are

based on the allegations. There was demand of extortion money.

There was assault with weapons and serious assault was mounted

on the victim and, therefore, section 307 of IPC is also properly

applied. She submitted that there are 33 serious offences against

the applicant No.1 and there are 12 antecedents against the

applicant No.2. She submitted that the applicant No.1 was a life

convict and even then he has committed this offence. Therefore,

no leniency should be shown to him.

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6.

I have considered these submissions. The allegations in

the F.I.R. are made by the victim himself. Therefore, at this stage, it

is difficult to doubt his version. Apart from that, there are

statements of other witnesses namely Aakashsingh Bavari, Sachin

Martand etc. who had seen part of the incident. Aakash has also

named both the applicants. There are police witnesses who were

on patrolling duty and who had seen assailants going towards the

spot with weapons. Police witnesses are Dnyandeo Awari, Mohan

Gaikwad etc. Therefore, it is more than clear that the offence, as

alleged in the F.I.R. has taken place. However, the applicants are in

cust