Cri. Apln.No. 2471/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2471 OF 2011 1. Manindersingh s/o. Gurbachansingh Ramgadiya (Manindersingh @ Raj Ramgadiya) 2. Gurmeetsingh s/o. Roodsingh Bedi Vishnupurikar (Gurmeetsingh @ Darya) ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. G.S. Shembole, Advocate for applicant. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 12th July, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 18/2011 registered in Vazirabad Police Station, Dist. Nanded for offences punishable under sections 307, 149 etc. of IPC and for offence punishable under section 4 r/w. 25 of the Arms 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 Devendrapalsingh, who is Superintendent of Sachkhand Gurudwara, Nanded. He has made allegations that on 25.1.2011 after 4.30 pm around 25-30 persons came to Lungar hall and they started assaulting him. He has made allegations that present applicants Manindersingh @ Raj Cri. Apln.No. 2471/2011 2 Ramgadiya and Gurmeetsingh @ Darya were holding swords and they assaulted him by swords on his head. Injury certificate in respect of the complainant shows that there were five injuries and out of five injuries three injuries are described as grievous. Two injuries were on head and three injuries are caused by sharp weapon. One more person by name Devendrapalsing was injured, but he sustained four simple injuries. The injuries were on head and other portion of the body. There are statements of eye witnesses like Manbirsingh Tablewale showing that these two applicants were holding swords. The advocate for the applicants submitted that in view of the Central Government's notification, Sikhs are allowed to carry swords and so no offence is committed under the Arms Act. There is allegation that swords were used for committing the offence and the crime is registered for offence punishable under section 307 r/w. 149 of IPC and so such defence cannot be considered at this stage. In view of nature of allegations, custodial interrogation is must and so the application stands rejected. [ T. V. NALAWADE, J.] ssc/criapln2471.11