1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3538 OF 2009 Mandar Prakash Joshi........ Applicant versus The State of Maharashtra ........Respondent. Mr. Shirish Gupte Sr. adv. i/b. Rohan V. Nahar adv. for the Applicant Mr. Madhav Jamdar for ori.complainant. Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 27th August, 2009. P. C.: 1. Apprehending arrest in C.R. No. 285/08 registered on 29-2-2008 by Shivaji Nagar Police Station, Pune, the present application is moved claiming anticipatory bail. 2. On account of a dispute in regard to the house property between the complainant’s family on one hand and Deepak and Shivaji Mankar on the other hand, some incident had taken place on 28-12-2008 on account of which cross complaints came to be filed. The FIR filed by one Pachange is numbered as 284/08 whereas the present FIR is 285/08. The complainant by name Rajiv Prabhu who informed the police has stated that about 8/10 persons had assaulted him by iron pipes and iron rods and caused grievous hurt. No one is named in the FIR, but it is stated that 2 about 8/10 unknown persons had assaulted him. Needless to mention that the name of the present applicant is not mentioned in the FIR. With a view to seek quashing of C.R. No.284/08 the complainant had filed Criminal Writ Petition No.1236/09 some time in the month of May 2008 wherein for the first time a reference is made of the name of the present applicant. In para (s) it is stated that on the same day i.e. Tuesday 30-12-2008 in the evening police took the locks from Mandar Joshi the representative of Mankar and sealed three places. The three places are terrace, grill door at the back side of the ground floor and the side of the grill at the back side of the stair case. A mention to the criminal Writ Petition is made with a view to emphasis that even after six months from the date of occurence of the incident, there is no whisper about the applicant having committed the crime. According to the learned counsel for the applicant, for the first time the applicant is named in a report filed by the police before the Magistrate that the applicant had tress- passed in the premises and an offence under section 354 was sought to be added on 25th June 2009. 2/3 days thereafter a further report was filed before the Magistrate on 29th June 2009 wherein offence under section 326 has been added. 4. In the above set of facts the main accused persons by name Deepak and Shivaji with whom the complainant has a dispute in regard to the property are already released on bail. As such it is submitted that the applicant be granted protection in the event of his arrest. By an order dated 10th August 2009 interim order was 3 passed in favour of the present applicant and while passing the order the applicant was directed to attend Shivaji Nagar police station daily for a period of two weeks in between 10 a.m. to 2 p.m. and co-operate the investigation. The learned APP on instructions from the investigating officer who is present in the court makes a statement that the applicant did appear in the police station as directed for a period of two weeks and has co-operated in the investigation. It is also stated that the applicant has been interrogated and his statement is also recorded. In that view of the matter I dispose of this application by passing the following order. 5. In the event of arrest of the applicant in C.R. No.285/08 for offence u/s.326, 324, 354,452, 426, 143, 146, 47 IPC registered with Shivaji Nagar Police station, Pune, the applicant shall be released on bail on execution of personal bond in the sum of Rs. 15,000/- with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated under section 438(2) of Cr.P.C. (A. P. Deshpande, J.) 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 412 OF 2009 IN CRIMINAL APPLICATION NO. 3538 OF 2009 Rajeev Atmaram Prabhu & ors........ Applicant versus Mandar Prakash Joshi & anr. ........Respondent. Mr. Madhav Jamdar adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 27th August, 2009. P. C.: 1. This is an application moved by the complainant seeking intervention. Having regard to the facts and circumstances, I deem it appropriate to permit the complainant to intervene in Criminal Application No. 3538/09. Hence application is allowed and disposed of. (A. P. Deshpande, J.)