1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2346 OF 2010 Trimbak S/o.Rangnath Mohite, Age-50 years, Occu-Agriculturist, R/o.Ramnagar, (Jirewadi) Tq. and Dist. Beed APPLICANT VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Beed, Dist. Beed RESPONDENTS Smt.S.S.Jadhav, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 06/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.63/2010,registered in Beed (Rural) Police Station. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. File: 3. Papers of investigation discloses that on 14/05/2010, a meeting 2 was arranged outside the office of Gram Panchayat as certain complaints were received with the Tahsil Office about the dispute over the fair price shop. In the said meeting, office bearers of the Tahsil, Beed were present. After the meeting was over, at around 11.15 a.m., commotion took place between the two rival groups. In the said incident, scuffle took place between those 2 groups for which CR No.62/2010 was registered at the hands of group of applicant at 4.00 p.m., while another group headed by one Nanasaheb Mohite also lodged the complaint vide CR No.63/2010, at about 4.15 p.m. 4. There are allegations against the present applicant that in the said commotion, one Balaji was assaulted by the applicant with deadly weapon like 'Gupti', and has assaulted on his head and ears, in which he was seriously injured, which according to the complainant, is an attempt to commit murder of said Balaji. 5. It is contended across the bar by pointing out the medical papers about the treatment provided to the applicant as well as to the injured in connection with CR N.63/2010. The papers of medical treatment provided to the present applicant shows that the present applicant was admitted in the District Hospital at Beed on 14/05/2010 at 12.35 noon, i.e. within the period of 60 minutes after the alleged incident occurred. Medical papers about the medical treatment provided to the applicant as an indoor patient demonstrates that the applicant has sustained grevious injuries which are in the nature of Deep Bone and was treated for 4 days. 3 City scan was also conducted and applicant was discharged from the hospital on 18/05/2010. As against this, medical treatment provided to the injured discloses that the injured was admitted in the hospital for his medical examination at about 17.15 hours i.e. after about 6 hours of the incident. The medical papers shows that the injured has sustained two injuries, which are in the nature of C.L.W., and the probable weapon used in the said assault is described as hard and blunt object. 'Gupti' can not be termed as hard and blunt object, but it is a sharp cutting instrument. If the injuries are sustained with the sharp cutting instrument, then it will be in the nature of I.C.W. and not C.L.W. Thus the allegations in the complaint do not support by the medical evidence, and if it is so, and considering that two rival groups have filed complaints against each other, then this is a fit case for anticipatory bail. Hence order, O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 63/2010, registered in Beed (Rural) Police Station, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. It is made clear that this protection is granted till filing of the charge sheet. Applicant to co-operate the Investigation Agency and to attend the Beed (Rural) Police Station, whenever required on written intimation by the Investigation Officer concerned. 4. Application stands disposed of accordingly. 4 (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2346-10