cra3371.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3371 OF 2011 1) Rajendra s/o Kachru Kusalkar, Age-31 years, Occu:Agri., 2) Laxman s/o Anna Kusalkar, Age-22 years, Occu:Agri., 3) Santosh @ Sarkar Vithal Kusalkar, Age-21 years, Occu:Agri., All R/o-Sonai, Tq-Newasa, Dist-Ahmednagar. ...APPLICANTS. VERSUS The State of Maharashtra, Through Police Officer, Police Station Sonai, Tq-Newasa, Dist-Ahmednagar. ...RESPONDENT. ... Shri.P.P. Khandagale Advocate for Applicants. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 11TH AUGUST, 2011 cra3371.11 2 PER COURT : 1. This Application is filed for anticipatory bail in C.R. No.I-52 of 2011 registered in Sonai Police Station, Dist- Ahmednagar, for the offences punishable under Sections 143, 147, 148, 149, 324, 323, 504, 506 etc. of the Indian Penal Code and Sections 4 read with 25 of the Arms Act and Section 37(1)(3), 135 of Bombay Police Act. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Mithu Dhale. He has contended that in his land, Applicant No.1 Rajendra Kusalkar has made construction of one shed for doing some business. Complainant has contended that he requested Rajendra to remove it but Rajendra picked up quarrel and in the incident dated 25th May,2011 Rajendra assaulted the complainant with the sword on his head. There are cra3371.11 3 vague allegations against others like Laxman and Santosh that they were armed with iron bar and chain and they also took part in the incident and they assaulted other persons. 3. Advocate of the Applicants submitted that he is not pressing the Application in respect of Applicant No.1 -Rajendra. So, the Criminal Application in respect of Applicant No.1 Rajendra s/o Kachru Kusalkar is disposed of as not pressed. 4. The Advocate of the Applicants has produced some record to show that counter case was registered in respect of the same incident at C.R. No.53 of 2011 in the same police station against the complainant and others on the basis of report given by Applicant No.1 Rajendra, for similar offence. Copy of order made by the Sessions Court is produced to show that in all 19 persons from the other case are granted anticipatory bail by Sessions Court. These circumstances can be cra3371.11 4 considered in favour of Applicant No.2 and Applicant No.3 though not in favour of the Applicant No.1. In view of the nature of the allegations made against the Applicant No.2 and Applicant No.3 and aforesaid circumstances, this Court holds that relief can be granted to the Applicant No.2 and Applicant No.3. 5. So, the Criminal Application in respect of Applicant No.2 and Applicant No.3 is allowed. The interim relief granted by this Court in favour of Applicant No.3 – Santosh @ Sarkar Vithal Kusalkar, by order dated 3rd August, 2011 is confirmed. 6. Anticipatory bail is granted to Applicant No.2. So, in case of arrest of Applicant No.2 – Laxman s/o Anna Kusalkar in C.R. No.I-52 of 2011 registered in Sonai Police Station, Dist- Ahmednagar, for the offences punishable under Sections 143, 147, 148, 149, 324, 323, 504, 506 cra3371.11 5 etc. of the Indian Penal Code and Sections 4 read with 25 of the Arms Act and Section 37(1)(3), 135 of Bombay Police Act, Applicant No.2 is to be released on bail on his furnishing P.R. and S.B. Of Rs.15,000/- (Rupees Fifteen Thousand). The Applicant No.2 is not to tamper with the prosecution witnesses and he is not to commit similar offence. The Applicant No.2 and Applicant No.3 are to make themselves available for the purpose of interrogation before the Investigation Officer on every Sunday between 9.00 a.m. and 12.00 noon for the period of one month from today. They are to co-operate with the investigating agency. [T.V. NALAWADE, J.] asb/AUG11