1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.90 OF 2010 1. Abdul Hamid S/o.Mohd.Ismail Dange, Age-40 years, Occu-Business and Agri. R/o.Deogaon, Taluka Badnapur, Dist. Jalna 2. Abdul Wahab S/o.Abdul Karim Dange, Age-35 years, Occu-Business, R/o. As above APPLICANTS VERSUS The State of Maharashtra, Through Jinsi Police Station, Aurangabad RESPONDENT Mr.S.S.Jadhavar, learned counsel for applicants. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 27/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for his release on anticipatory bail in the event of their arrest in connection with CR No.152/2009, registered in Jinsi Poloice Station, Aurangabad for the alleged offence punishable u/s. 143, 147, 148, 149, 326, 504 and 506 of IPC. 2 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out. 3. Considering the submissions across the bar, it appears that the said offence came to be registered on the complaint of one Sarfaraz Khan Yusuf Khan, alleging that on 18/12/2009, they have attended the court matter in the 5 th J.M.F.C. at Aurangabad and while they came out of the Court after the proceedings in the Court was over, these applicants alongwith their associates took quarrel with them and assaulted with the deadly weapons in their hand. To falsify these allegations, certified copy of roznama of the pending proceeding on the file of 5 th J.M.F.C. is placed in my hand to point out that on 18/12/2009, the matter was not on the board of the Court. If it is so, no question arise that the complainant and his family members attended the court matter on 18/12/2009 before 5 th J.M.F.C. court, Aurangabad. Also documents are placed on record to show the alibi of these applicants and they were present in the ceremony of Minister Shri.Tope. Certified documents and photographs are produced. At this juncture, the Court need not consider the point of alibi raised by these applicants. Suffice to say that the facts disclosed in the complaint falsify from the court record itself. If it is so, false implication of the present applicant in this crime can not be rulled out. Case is made out to exercise the discretion u/s. 438 of The Cr.P.C. In the premise, following is the order. 3 O R D E R 1. Application is allowed. 2. Interim protection granted on 08/01/2010 is hereby confirmed. This interim protection to remaining applicants till filing of the charge sheet. 3. Within meantime, if required, the applicants to give attendance to Jinsi Police Station as and when required in writing by the Investigation Officer concerned, who is investigating CR No.152/2009. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri-appl-90-10