FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2634/2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr M.G.Shukla, with Mr Anupam Dholakia for the applicant. Mr K.V.Saste , A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 7TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this application for anticipatory bail. 2. Present applicant is original accused No.4 facing charge for the offence punishable under Sections 324,326,395 of I.P.C., and offences of rioting and criminal intimidation. Rival cases came to be filed on the incident which took place on 5th April, 2010 at 12.00 noon at Pimpalgaon Baswant, Taluka Niphad, District Nashik. 2. Reportedly, there was quarrel between close relatives over the agriculture property. Counter cases came to be filed, first one being C.R. No.46/2010 filed by the present applicant and others and second one admittedly on the next day being C.R. No.47/2010 filed against the present applicant and other five persons. Reportedly, co-accused were earlier arrested and released on bail by the Sessions Court. Earlier on an application for anticipatory bail preferred by the present applicant, interim bail was granted by the Sessions Court. However, said application was finally rejected and hence the present application is preferred by the applicant. 3. During the pendency of the present application, reportedly, directions were given not to arrest the applicant, as reported by both the sides. However, the court record does not speak for the same. Till fact remains that the present applicant is free and not yet arrested by the police on such directions. Reportedly, present applicant original accused No.4 in C.R. No.47/2010 is a Police Constable attached to Thane Police Station. However, was not arrested till this time. 4. On asking by the Court, learned A.P.P. pointed out the allegations in the statement of the witness as to the role played by the present applicant as to snatching of Rs.21,000/- from the victim by sitting on his abdomen. There is also allegation that the present applicant also assaulted on the leg of the victim and then ran away. 5. On the above allegation, it has been submitted by the learned counsel for the applicant that the police report speaks contrary as to the role of the present applicant. All the same, without going into the merits of the allegations, considering the matter at hand, it would be in the fitness of the situation to allow the present application with certain directions. Hence, the order: :ORDER: (a) Anticipatory Bail application is allowed. In the event of arrest of the applicant Sharad Laxman Khode in C.R. No. 47/2010, he shall be released on a P.R. Bond in the sum of Rs. 25,000/-with one surety in the like amount. (b) In the event of arrest and availing of bail, the applicant shall attend concerned Pimpalgaon Police Station twice a week on every Monday and Thursday between 10.00 to 12.00 noon for the period of four weeks from availing the bail. (c) With these directions anticipatory bail application is disposed of. 6. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)