1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4446 OF 2010 1. Chandramurti S/o.Madhukarrao Manjramkar, Age-33 years, Occu-Business, R/o.Risala Basar, Hingoli, Tq. and Dist. Hingoli 2. Avinash S/o.Kishanrao Khillare, Age-22 years, Occu-Education, R/o.Risala Basar, Hingoli, Tq. and Dist. Hingoli APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.Sachin Deshmukh, learned counsel for the applicants. Mr.B.V.Wagh, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 27/10/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on pre-arrest bail, in the event of their arrest in connection with CR No.192/2010, registered in Hingoli Police Station, Dist. Hingoli. 2. Heard learned counsels for the parties. Perused the papers of 2 investigation till carried out. 3. Perusal of papers of investigation shows that CR No.192/2010 was filed on the complaint of one Suresh Wadhe about the incident which took place near Ramlila Maidan, after the scheduled programme was over. While the complainant and his colleagues were collecting the material arranged for the scheduled programme, applicants herein approached them and on the point of knife, they had snatched the cash in the sum of Rs.3,500/- from the pocket of the complainant. At that time, applicant no.1 gave knife blow on his person. To support this, medical certificates of injured complainant are placed on record. 4. It further shows that after the incident, the complaint came to be lodged at 00.25 hours in Hingoli Taluka Police Station. 5. It is urged that at the same time, counter complaint is also lodged by the present applicant and on that complaint, an offence came to be registered at CR No.193/2010, in which the present complainant in CR No.192/2010 is arrayed as one of the accused. Perusal of this complaint shows that the time of the incident is 22.30 hours, but the incident is reported in the Police Station at about. 4.30. To support the delay in lodging the complaint, the applicant herein had given the reason that he was taking treatment in the hospital and due to that there was delay in lodging the complaint. Perusal of the complaint shows that complaint of applicant no.2 was 3 recorded while he was taking treatment in the Government Hospital at Hingoli. Considering this aspect, it appears that there is counter complaint against the complainantt in this CR. Even though the complainant in CR No.193/2010 had sustained injuries, the nature of the injuries are simple. It is also pointed out that these injuries are caused due to hard and blunt object. CR No.192/2010 is lodged about the allegations that the applicants assaulted the complainant with the help of knife i.e. sharp edged weapon, which can not be taken as hard and blunt object. Considering this aspect, and as the counter complaints are lodged against each other, case is made out to release the applicants. Hence application is allowed. In the event of arrest of applicants in connection with CR No.192/2010, registered in Hingoli Taluka Police Station of Dist. Hingoli, the applicants be released on bail, on furnishing surety in the sum of Rs.15.000/- each and on executing PR bonds in the like amount. It is made clear that this protection is granted till filing of the charge sheet. Applicants to give attendance to Hingoli Police Station, if required, on written intimation by the concerned Investigation Officer. Applicants, not to contact the prosecution witnesses. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.4446-10