1 criapln2187-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2187 OF 2011 1] Ahmed Papamiya Shaikh 2] Sharifa @ Fharida Ahmed Shaikh .. APPLICANTS Vs 1] The State of Maha. 2] Supdt. of Police,Ahmednagar .. RESPONDENTS ... Smt.S.S.Jadhav,Adv. for applicants. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 24/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.43/2011 registered in Bhingar Camp police station, Dist.Ahmednagar, for offences punishable under Sections 307, 323, 504, 506,427 r.w. 34 of I.P.C. Papers of investigation were made available by A.P.P. Heard both sides. 2 criapln2187-11 2] Crime is registered on the basis of report given by Nasira Shaikh. She has contended that the incident took place on 28/3/11 and it took place due to the dispute in respect of immovable property. She has contended that after 3 p.m. when her son was present in front of the house, accused Aiyaz Shaikh came there and he picked up quarrel. It is contended that she had obtained order of Court to make construction on the property but inspite of that quarrel was picked up. She has contended that in the incident, accused Farooq Shaikh gave blow of pointed piece of wood on the head of her husband and accused Aiyaz gave blows at the private part of her son. She has made allegation that present applicant no.1 is father of the main assailants and he was giving instigation to his sons to finish her husband. The papers of investigation show that husband of the complainant succumbed to the injuries and the death took place due to head injuries. A.P.P. pointed out statements of Syed to show that instigation was given by atleast present applicant no.1. Advocate of applicant submitted that applicant no.1 had also sustained grievous injury to his head and he was admitted in civil hospital. She has produced some record to show that he has some head injury and due to that he was admitted. She also submitted that on the basis of report given by side of present applicants, Crime No.46/11 also registered for offences punishable under Section 324, 323, 504, 506 r.w. 34 of I.P.C. This report was given late. 3 criapln2187-11 3] Aforesaid circumstances and papers of investigation collected by police, show that there is sufficient material to make out case for offence punishable under Section 302 r.w. 34 of I.P.C. against applicant no.1. Only because there are no specific allegations against applicant no.2, this Court holds that relief can be granted to her. Even when death took place prior to 31/3/11 in the present proceedings, it is shown that crime is registered under Section 307 r.w. 34 of I.P.C. It is desirable for the advocate for the applicant to take care and mention the correct offence which is registered and which can probably be registered due to death of the injured. 4] In view of these circumstances, only application of applicant no. 2] Sharifa @ Pharida Ahmed Shaikh is allowed. In case of her arrest in Crime No.43/2011 registered in Bhingar Camp police station, Dist.Ahmednagar, for offences punishable under Sections 302, r.w. 34 etc. of I.P.C., she is to be released on her furnishing P.R. bond of Rs.15,000/- She shall not tamper with prosecution witnesses. Application in respect of applicant no.1 Ahmed Papamiya Shaikh stands rejected. [T.V.NALAWADE,J.] umg/criapln2187-11 4 criapln2187-11