1 criapln2356-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2356 OF 2011 1] Shaikh Rafiq Shaikh Phatru 2] Shaikh Rais S/o Rustum 3] Shaikh Rashid S/o Phatru 4] Shaikh Rasul S/o Shaikh Mohammad 5] Shaikh Samsherkhan Burhankhan 6] Shabbir Khan S/o Burhan Khan 7] Musa s/o Babulal Shaikh 8] Sherkhan s/o Burhankhan 9] Khaja s/o Babulal Shaikh 10] Shaikh Masud s/o Shaikh Majid 11] Shaikh Majid s/o Shaikh Pathru .. APPLICANTS Vs 1] The State of Maha. .. RESPONDENT ... Shri S.K.Barlota, Adv.for applicants. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 11/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.I-118/2010 registered in Bidkin police station, Dist.Aurangabad, for 2 criapln2356-11 offences punishable U/ss. 143, 147, 148, 149, 323, 324, 326, 504, 506 of I.P.C. Papers of investigation are made available by A.P.P. Heard both sides. 2] It appears that there are 2 groups in village Sompuri, Tahsil Paithan, Dist. Aurangabad. Crime is registered on the basis of report given by one Sk. Rafiq who belongs to one group and which is defeated in village panchayat election. There is another group of Sk.Rafiq Sk.Phatru – applicant no.1. This group is in power in village panchayat. There is allegation that the complainant of the present case was making encroachment over village panchayat land and gramsevak had gone there to make enquiry but complainant refused to remove encroachment. It is contended that when the members of village panchayat went there, the incident took place. Allegations are made by the complainant that in the incident all the applicants assaulted him and his associates with weapons like sticks, stones, iron bars and swords. Allegation is made against Sk.Rafiq Sk.Rashid that he used sword and the sword was hit on the head of the complainant. Allegations are made against them that they used other weapons like sticks, iron bars and stones. Injury certificates in respect of 3 injured are produced. Sk.Afsar sustained 7 injuries out of which one was grievous injury. Sk.Rafiq Sk.Baba sustained 5 injuries out of which 2 were grievous injuries and Sk.Salim sustained 6 injuries out of which 1 injury was grievous injury. Thus, so many injuries were caused to the 3 criapln2356-11 persons of the side of the complainant and this material is sufficient to make out prima facie case against them. So many persons were injured in the incident and by using dangerous weapons, grievous injuries were caused. Though counter case is filed against some persons of complainants side, that circumstance cannot be considered at this stage. 3] Advocate for the applicants submitted that he is not pressing application in respect of applicant nos.1 to 3, 5 and 7 to 11. It is submitted that applicant nos.4 and 6 have crossed age of 60 years and he is pressing application in respect of only these applicants. Allegations against these applicants are vague and omnibus. Papers of investigation show that there are omnibus allegations and they appear to be elderly persons. Only due to this circumstance, relief of anticipatory bail can be granted to those 2 applicants subject to some conditions. Application in respect of applicant nos. 1 to 3, 5 and 7 to 11 stands disposed of as not pressed. Application of applicant nos. 4 and 6 i.e. Shaikh Rasul S/o Shaikh Mohammad and Shabbir Khan S/o Burhan Khan is allowed. Interim relief granted to them is confirmed subject to condition that they shall attend the concerned police station on every Saturday and Sunday for the period of 1 month between 9 a.m. and 12 p.m. They shall cooperate with investigating agency. They shall not tamper with prosecution witnesses. They shall not commit similar offence. These observations are only for the purpose 4 criapln2356-11 of bail application and they shall not come in the way of trial Court while deciding the case. [T.V.NALAWADE,J.] umg/criapln2356-11