(1) CRI.APP. 4608.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4608 OF 2010 1. Mehtabsab Bakshulal Bagwan 2. Hussain Mehtabsab Bagwan 3. Alabaksh Yasin Bagwan 4. Ismail Yasin Bagwan .. Applicants VERSUS The State of Maharashtra .. Respondent (Through Police Station, Latur City, Copy served on P.P. H.C. A'bad) AND CRIMINAL APPLICATION NO. 4611 OF 2010 1. Shabbir Mehtaabsaab Bagwan 2. Mainoddin S/o Yasin Bagwan 3. Yasin Bakshulal Bagwan .. Applicants VERSUS The State of Maharashtra .. Respondent (Through Police Station, Latur City, Copy served on P.P. H.C. A'bad) ... Mr. V.V. Bhavthankar, Advocate for the Applicants Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 15TH NOVEMBER, 2010 ORAL ORDER:- 1. These are applications for anticipatory bail. (2) CRI.APP. 4608.2010+1 2. Heard learned Advocate for the applicants. He submits that the complaint lodged by applicant Yasin was earlier in time and, therefore, the FIR was lodged by Salim Bagwan in order give a counter-blast to said complaint. He would submit that the delay caused in filing of the FIR by Salim Bagwan is indicative of falsehood. He would further submit that arrest of the applicants is not necessary for effective investigation and, therefore, the applicants deserve protection under section 438 of the Code of Criminal Procedure. I do not agree. Mere delay in lodging of the FIR by itself cannot be considered as sufficient reason to prima facie stamp the FIR lodged by Salim Bagwan as fabricated or false. For, the alleged incident occurred on 7.10.2010 at about 21.00 hours and the FIR is lodged at 01.00 hours. It means that in the same night informant Salim Bagwan went to the Police Station after the incident and in the early hours of the morning, his FIR was registered. It appears that Salim Bagwan was referred for medical examination and three injuries were found on his person. It prima facie appears from the recitals of the FIR that katti (3) CRI.APP. 4608.2010+1 was used during the course of alleged assault. It is alleged that the intention of the applicants was to cause death of informant Haji Salim Bagwan. Question of intention of the applicants would depend upon the material that may be gathered during course of investigation. Mere fact that the injuries sustained by Haji Salim Bagwan are of simple nature by itself will not enure to the benefit of the applicants. 3. What appears from the earlier report lodged by applicant Yasin is that his cousin came in front of his shop, abused him and assaulted him by means of a katti. There is no injury certificate to corroborate the alleged recitals of the FIR (Ex. “D”). It transpires from the earlier compliant Application dated 16.7.2010 (Ex. “A”) that applicant Yasin desired partition of the agricultural lands and for such purpose had intruded in the agricultural land but allegedly was driven out. Needless to say there is a dispute between the parties regarding the possession of the agricultural land and the right of partition which is claimed by applicant Yasin. (4) CRI.APP. 4608.2010+1 4. Considering these aspects, it is difficult to say that the FIR lodged by the applicant Yasin is the only truth bearing document whereas that lodged by Haji Salim Bagwan is afterthought and false. Considering the legal principles settled by the Apex Court, in the case of "Adri Dharan Das Vs. State of West Bengal (2005) 4 S.C.C. 303" which is referred by the learned Sessions Judge while rejecting the Application for anticipatory bail, the present Applications are destitute of merits. Hence, they are dismissed. Sd/- [V. R. KINGAONKAR, J.] arp