1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application No.(ABA)No.281/2011 Rajabhau Pralhad Hirulkar and others vs State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 26/09/2011. Heard Mr. S.A. Mohta, learned counsel for the applicants and Mr. N. R. Rode, learned APP for the respondent. Mr. R. R. Prajapati, learned counsel, has assisted the Prosecution. The applicants, who apprehend their arrest in Crime No.78/2011 registered by Police Station, Telhara for offence punishable under Section 326 read with Section 34 of the Indian Penal Code, have approached this Court for anticipatory bail. The allegation against the applicants is that on 2.6.2011 between 11.00 a.m. to 1.30 pm., in furtherance of their common intention, they abused Madhukar Mangaliram Kadu and assaulted him with stick and the applicant Amol assaulted him with sabbal (an iron rod with one end pointed). It is seen that though the alleged incident had taken place on 2.6.2011, the oral report was lodged on 17.7.2011 which is after more than a month. On the contrary, it is seen that a counter 2 complaint was lodged by applicant no.2 Anil on 2.6.2011 itself and offence has been registered under Crime No. 59/2011 at Police Station, Telhara for offence punishable under Section 307 read with Section 34 of the Indian Penal Code. By order dated 29.6.2011 in Criminal Application (ABA) No. 223/2011 the alleged accused persons Dnyaneshwar Madhukar Kadu and Suraj Dnyaneshar Kadu were granted anticipatory bail in the said Crime No. 59/2011 whereas by order dated 13.7.2011 passed in Criminal Application No. ABA 233/2011 Madhukar Kadu has also been granted anticipatory bail in the said crime No. 59/2011. Thus all the accused persons of Crime No. 59/2011 are on bail. Learned Advocate Shri Mohta has relied upon Ashish Pateliya Vs. State of Chhattisgarh (2003 DGLS (Cri.)Soft 754), wherein one person was injured in Crime No. 631/2002 and two persons were injured in Crime No.630/2002. Two persons were released on bail in counter case No.631.2002. In the circumstances above, the accused in Crime No. 630/2022 was also held to be entitled for similar relief. In the present matter also, all the accused persons in the counter case are on bail. In the circumstances, since the sabbal has already been attached, I am of the opinion that the present applicants should also be granted anticipatory bail as prayed for. In the result, the application is allowed. In the 3 event of arrest of the applicants in Crime No.78/2011 registered at Police Station, Telhara for offence punishable under Section 326 read with Section 34 of the Indian Penal Code, they shall be released on bail upon execution of personal recognition bond in the sum of Rs. 25,000/-(Rs. Twenty five thousand only) with two solvent sureties in the like amount by each one of them, subject to the following conditions:- (i) The applicant/s shall attend Telhara Police Station as and when called upon by the Investigating Officer to do so; (ii)The applicant/s shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii)The applicant/s shall not leave India without previous permission of the Sessions Court. (iv)Hamdast allowed. JUDGE Ambulkar.