Cri. Apln. No. 2294 & 2329/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2294 OF 2011 Nnandu @ Ramesh s/o. Laxman Langore, R/o. Langore Galli, Karjat, Tq. Karjat, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. Sachin Deshmukh, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. AND CRIMINAL APPLICATION NO. 2329 OF 2011 1. Umesh s/o. Laxman Langore, 2. Laxmikant s/o. Kishor Langore, Both R/o. Langore Galli, Karjat, Tq. Karjat, Dist. Ahmednagar. ....Applicants. Versus The State of Maharashtra & Anr. ....Respondents. Mr. S.G. Sangle, Advocate for applicants. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 14th July, 2011. PER COURT : 1. Both the applications are filed for anticipatory bail in Cr. No. Cri. Apln. No. 2294 & 2329/2011 2 115/2011 registered in Karjat Police Station, District Ahmednagar for offences punishable under sections 324, 149 etc. of IPC and under section 4 r/w. 25 of Arms Act. 2. The crime is registered on the basis of report given by one Mahadev Lokhande. He has contended that he had sold some portion of the land to Nandu Langore, applicant from first proceedings and Nandu has taken the well in that portion. He has contended that Nandu again started taking the well on other side of the land and so he tried to prevent Nande. He has contended that on 14.5.2011 all the applicants came in Tata Sumo vehicle after 5 pm to his field and they started assaulting him. He has made allegations against Nandu that he used sword. He has made allegations that Umesh and Laxmikant, applicants from second proceedings, used iron bar. Allegations are made that assault was made on Nana and others also. 3. The papers of investigation show that the statements of injured are recorded and they have made similar allegations. The injury certificate shows that one Nana Lokhande sustained three injuries. The injury like CLW on occipital region was caused by hard and blunt object and other injuries were also caused by hard and blunt object. Nature of injury No. 1 is not described and the opinion in that respect is reserved. The matter was referred for X-ray. But the papers do not show that X-ray Cri. Apln. No. 2294 & 2329/2011 3 was taken. Similar injuries on Mahadev and Krushna which are total four in number are described as simple and they are caused by hard and blunt object. 4. The advocate for the applicants submitted that the applicants have right to take water from the well of the complainant and out of seven days of a week, they are entitled to take water for five days. It was submitted that the contention of the complainant that some portion of land belongs to him, is not correct. Copy of the sale deed executed on 31.3.2006 is produced in this proceedings. That is consistent with the submissions made by the applicants. It was submitted that due to dispute, persons from applicants' side were also assaulted and they had given report to police, but the police have not taken cognizance. Copy of this report is produced. Copy of one injury certificate issued by one Dr. Toradmal, who is D.M. & S (R) is also produced. This certificate may be doubtful and this Court had already expressed about it. The certificates in respect of complainant's side are issued by Government Hospital. 5. In spite of aforesaid circumstances, in view of the nature of dispute and the documents of sale produced by the applicants and in view of the fact that weapon like sword, sharp weapon was probably not actually used in the incident, anticipatory bail can be granted subject to some conditions. Cri. Apln. No. 2294 & 2329/2011 4 6. So interim relief given earlier is confirmed. Applicants Nandu @ Ramesh s/o. Laxman Langore, Umesh s/o. Laxman Langore, Laxmikant s/o. Kishor Langore are to attend the concerned police station on every Sunday between 9 am and 12 noon for the period of three weeks. They are to co-operate with investigating agency during investigation. They are not to tamper with the prosecution witnesses and they are not to commit similar offence. Application stands disposed of. [ T. V. NALAWADE, J.] ssc/criapln2968.11