1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1256 OF 2010 Prashant Yashwantrao Phad and ors. ...Applicants VERSUS The State of Maharashtra, through police station Gangakhed, District Parbhani. ...Respondent ..... Shri E.P.Sawant, advocate for the applicants Shri D.V.Tele, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 3rd May, 2010 PER COURT : 1 Heard Shri E.P.Sawant, advocate for the applicants and Shri D.V.Tele, A.P.P. for the respondent. 2 This is an application preferred by applicant nos. 1 to 4 seeking anticipatory bail apprehending their arrest under CR No. 48 of 2010, registered at Gangakhed police station, District Parbhani for the offence punishable under Sections 364, 325 and 34 of the Indian Penal Code. 2 3 It appears that the offence has been registered on the complaint lodged by complainant namely Rajabhau Govind Rathod on 23.2.2010 in respect of occurrence of incident on 12.2.2010. It also appears that the incident occurred on 12.2.2010 and N.C. was lodged in that respect. Thereafter the medical certificate dated 18.2.2010 was received by the concerned police station on 23.2.2010 and accordingly the first information report came to be registered on the same day and supplementary statement of the complainant was recorded on the same day i.e. on 23.2.2010. 4 On perusal of the contents of the complaint as well as supplementary statement of the complainant dated 23.2.2010, it appears that there are allegations that the complainant committed theft of gold ring of applicant no.2 Deepak, who made a telephone call to the complainant and called him in his shop and thereafter applicant no.1 Prashant and applicant no. 3 Arun abducted him by Tata Sumo and took him to Kasarwadi road and there he was assaulted by applicant no.1 Prashant by iron pipe on his feet and while assaulting him applicant no.4 Chandu caught hold of his legs and after the said assault the complainant was taken to school of mentally retarded persons and he was thrown away there. It is also apparent that names of applicant nos. 1 to 4 have been reflected in the complaint and specific role/overt act has been attributed to each of the applicants in the occurrence of the incident, and therefore, there is no possibility of 3 false implication or maligning reputation of the applicants. 5 Besides that, on perusal of the injury certificate of the complainant, it is seen that the complainant Rajabhau Rathod sustained grievous injury as well as simple injury and also sustained fracture of left leg. Therefore it is apparent that the alleged offence is of serious nature. The vehicle Tata Sumo, iron rod and rubber pipe involved in the offence are yet to be recovered. In the circumstances, custodial interrogation of applicant nos. 1 to 4 is necessary for further progress in the investigation in proper perspective. Hence, present application being devoid of any merits deserves to be rejected, vacating interim protection granted therein. 6 In the result, present Criminal Application No. 1256 of 2010 stands dismissed. Interim protection stands vacated. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1256.10