{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 84 OF 2010 1. Suresh s/o Mahadu Choudhary Age-43 years, Occ-Agri & Social Work 2. Bebabai s/o Suresh Choudhary Age-41 years, Occ-Household 3. Sailendra s/o Suresh Choudhary Age-23 years, Occ-Education All R/o Pohari (Bk) Tq-Soygaon, Dist-Aurangabad APPLICANTS VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Aurangabad 3. The Police Station In-Charge Soygaon police station, Soygaon, Dist-Aurangabad RESPONDENTS ....... Mr.N.K.Kakade, Advocate for applicants Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 19th January 2010 PER COURT: {2} 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.67/2009 registered with Soygaon police station for an offence punishable u/s 323,324, 504 r/w 234 of the Indian Penal Code and later on converted into punishable u/s 302 of the IPC. 2. Heard learned counsel for the applicants. Perused the papers of investigation carried out till today. Interim protection was granted on 08.01.2010 in favour of applicants No.2 and 3, but the same was refused to applicant No.1. 3. At the outset, learned counsel for applicants, seeks leave to withdraw the application so far as it relates to applicant No.1. Leave granted. The application stands dismissed as withdrawn so far as applicant No.1 is concerned. 4. Perusal of papers of investigation indicate that there was a scuffle between the applicants and complainant on 24.12.2009, for which offence came to registered on the complaint of applicant at CR No.66/2009 and at the same time an offence at CR No.67/2009 came to be registered against the present applicants. Considering the allegations against applicants No.2 and 3, that they have not played any active role during the assault which has resulted into death of the victim, they deserve to be {3} enlarged on anticipatory bail. 5. In the result, the application is partly allowed. The application of applicant No.1 is rejected as withdrawn. However, interim protection granted in favour of applicants No.2 and 3 on 08.01.2010 stands confirmed. The said protection is granted till filing of the charge sheet. [A.V.POTDAR, J.] drp/A10/criapln84-10