(1) Cri. Application No. 4499 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4499 of 2011 1. Babasaheb s/o. Murlidhar Dhawane, Age : 46 years, Occupation : Service, R/o. Murshadpur, Taluka : Shevgaon, District : Ahmednagar. 2. Subhash s/o. Manik Labade, Age : 29 years, Occupation : Agriculture, R/o. Kharadgaon, Taluka : Shevgaon, District : Ahmednagar. .. Applicants. versus 1. The State of Maharashtra. 2. Superintendent of Police, District : Ahmednagar. .. Respondents. ....................... Smt. S.S. Jadhav, Advocate, holding for Mr. Satej S. Jadhav, Advocate, for the applicants. Mr. B.V. Wagh, Additional Public Prosecutor, for respondent nos.1 and 2. (2) Cri. Application No. 4499 of 2011 ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 14TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicants seeking anticipatory bail, apprehending their arrest in connection with Crime No. I-389/2011, registered at Police Station, Pathardi (District : Ahmednagar), for the offences punishable under Sections 143, 147, 148, 149, 326, 323, 504 and 506 of Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely, Sambhaji s/o. Gajanan Nehul, against the applicants and other co-accused persons, on 17th September 2011, in respect of occurrence of the incident on 16th September 2011. It appears from the contents of the FIR, that the occurrence of the incident (3) Cri. Application No. 4499 of 2011 has been divided in two parts; the first part of the incident occurred at about 3.00 p.m. on 16-9-2011, and second part of the incident occurred at about 8.30 p.m. on the same day. 4. As regards applicant no.1, his name is Babasaheb s/o. Murlidhar Dhawane, resident of Murshadpur (Taluka : Shevgaon, District : Ahmednagar), but the contents of the FIR refer to the accused, namely, Babasaheb s/o. Maruti Dhawane, resident of Shevgaon (District : Ahmednagar), and in the said context, learned Counsel for the applicants submitted that he has got reasonable apprehension that the Police personnel would arrest him under the aforesaid C.R., since they have visited the residence of the said applicant. Moreover, learned Counsel for the applicant has produced copy of the communication dated 12th October 2011, sent by applicant no.1 to the concerned Police Station, along with the acknowledgment thereon, contending that since there is similarity between name of the accused in the FIR viz. Babasaheb s/o. Maruti Dhawane, and the name of applicant no.1, namely, Babasaheb s/o. Murlidhar Dhawane, the Police personnel are harassing him and there is every possibility that he would be arrested under the aforesaid C.R., and hence, he has got reasonable apprehension in that respect, and annexed copies of voter's identity card and driving license, and requested, that considering the same, no legal action (4) Cri. Application No. 4499 of 2011 be initiated against him, and the said communication is taken on record and marked as "X" for identification. Moreover, learned APP has pointed out from the supplementary statement of the complainant, namely, Sambhaji s/o. Gajanan Nehul, recorded on 13th October 2011, that the name of the accused mentioned in the FIR viz. Babasaheb s/o. Maruti Dhawane is Babasaheb s/o. Murlidhar Dhawane, resident of Murshadpur (Taluka : Shevgaon, District : Ahmednagar). Accordingly, it appears that the person, namely, Babasaheb s/o. Maruti Dhawane, as referred in the FIR, and the applicant no.1 herein, namely, Babasaheb s/o. Murlidhar Dhawane, is one and the same person. Apparently, considering the contents of the said communication dated 12-10-2011, addressed by applicant no.1 to the concerned Police Station, and the supplementary statement of the complainant Sambhaji, recorded on 13-10-2011, the applicant no.1 herein, Babasaheb, has got reasonable apprehension, that he may be arrested under the aforesaid C.R., and hence, his application in respect of the present C.R. deserves to be considered. 5. As regards the allegations made against applicant no. 1, Babasaheb, as well as, applicant no.2, Subhash, it appears that there are general and omnibus allegations against both the applicants and no specific overt act / role has been attributed to them during the occurrence of the incident in both parts of the (5) Cri. Application No. 4499 of 2011 incident, as referred herein above. Moreover, nothing is to be recovered from both the said applicants. Furthermore, learned APP has also pointed out that the supplementary statements of the witnesses viz. Shaikh Shahnoor Chandbhai, Pandit Dilip Wagh, as well as, Dilip Dhuraji Wagh, recorded on 13-10-2011, are in consonance with the aforesaid supplementary statement of the complainant recorded on 13-10-2011. 6. Hence, having comprehensive view of the matter, and considering the accusations made against applicant nos.1 and 2 herein, and nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicants for further progress in the investigation, and hence, applicant no.1, Babasaheb, deserves grant of anticipatory bail, but on certain conditions, as well as, interim protection granted to applicant no. 2, Subhash, deserves to be confirmed, but on certain conditions. 7. In the result, present Criminal Application is allowed, and it is directed that in the event of arrest of applicant no.1, Babasaheb s/o. Murlidhar Dhawane, and applicant no.2, Subhash s/o. Manik Labade, in connection with Crime No. I-389/2011, registered at Police Station, Pathardi (District : Ahmednagar), they be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/-, each, with one surety in the like amount by each of (6) Cri. Application No. 4499 of 2011 them, on the following conditions : (i) Applicant no.1, Babasaheb, and applicant no.2, Subhash, shall give attendance before the concerned investigator, once in a week i.e. on every Saturday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) Applicant no.1, Babasaheb, and applicant no.2, Subhash, shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. Present Criminal Application is disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/4499ka