1 criapln2724-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2724 OF 2011 Pankaj Sambhaji Kate ...APPLICANT Vs 1] The State of Maha. 2] Superintendent of Latur Dist.Latur. ...RESPONDENTS ... Smt.Sadhana Jadhav, Adv.for applicant. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 15/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.30/11 registered in Murud Police Station, Dist.Latur for offences punishable U/ss. 302,326,147,148,149 and 506 of I.P.C. Papers of investigation are made available by A.P.P. Both sides are heard. 2] This Court has already granted interim relief to the applicant as his name was not present in the F.I.R. and no allegations were made against him that he took active part in the incident. Allegations are 2 criapln2724-11 made in F.I.R. by one Parmeshwar Jadhav that in the room where beating was given to deceased Laxman, one accused Shivaji was contacting present applicant Pankaj Kate on mobile phone and then Laxman was shifted to Lokmanya hospital. Papers of investigation show that supplementary statements were recorded and statement of witness like Namdeo Jadhav was also recorded. They tried to say subsequently Pankaj came there and he also gave beating by using stick. Statement of Namdeo Jadhav shows that the second incident took place in the night time when he was proceeding to hospital to see injured Laxman. Thus, the material does not show that the present applicant was present inside of the room where beating was given to Laxman and Parmeshwar the first informant has also not stated that present applicant was present inside of the room. In supplementary statement, he has stated that he had come there subsequently when Laxman was being shifted to hospital. In these circumstances and as no specific role is attributed to the present applicant in the assault due to which Parmeshwar sustained injuries, there is no need of custodial interrogation. So interim relief granted to the applicant stands confirmed. [T.V.NALAWADE,J.] umg/criapln2616-11