FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3655 OF 2011 ASHOK LAXMAN SHINDE AND ORS VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Applicant/s : Mr. Salunke Sudarshan J APP for Respondent(s): Mr. D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 30, 2011 ... 1. Perused investigation papers which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicants, seeking anticipatory bail, apprehending their arrest under Crime No.87/2011, registered at Neknoor Police Station, District Beed, for the offences punishable under sections 147, 148, 149, 325, 307, 326, 504, 506 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by one Babasaheb Shrirang Shinde, on 28.7.2011. It appears from the contents of the complaint that alleged incident occurred on 26.7.2011 at about 1.00 p.m. It is further alleged in the said complaint that applicant No.1 Ashok Laxman Shinde was armed with the sickle and he FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders rushed on the person of the complainant and assaulted by the said sickle on lips of the complainant, and, thereby his lips were cut and said applicant No.1- Ashok, assaulted complainant’s son Ramhari by the reverse side of the said sickle on his head, and, back and thereby he sustained bleeding injury on his head and also injuries on his back. It is also alleged that the applicant No.2- Laxman Maroti Shinde, applicant No.3- Somnath @ Sominath s/o Navnath Shinde, applicant No.4-Hiraman s/o Ramkisan Shinde rushed on complainant and his son and applicant No.2 -Laxman Shinde assaulted on second son of complainant namely Sakharam and by stick, whereas applicant No.3-Somnath was armed with knife and he assaulted Sakharam by knife on his nose and thereby his right nostril was cut and he sustained bleeding injury. Moreover, it is also alleged that when daughter-in-law Ujjwala arrived there to intervene, the applicant No.4- Hiraman assaulted her by stick on her head and applicant No.5-Baban @ Dadarao Gahininath Shinde assaulted by leg kicks and fist blows. 4. Thus, the names of the applicants no.1 to 5 have been reflected in the First Information Report and specific role have been attributed to each of them, therein in the occurrence of the incident. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 5. Medical certificate of Babasaheb - complainant discloses that he sustained injury on his upper lip, lower lip, where has he sustained grievous injury on his forearm. Injury certificate of Ujwalla discloses that she sustained CLW on frontal region and contusion on her back and both injuries are simple in nature, injury certificate of Sakharam Shinde discloses that he sustained C.L.W. on nose right side, which is simple, pressure abrasion on right side of back, which is simple in nature and grade I mobility of upper two incised teeth right side, those are simple injuries and injury certificate of Ramhari Shinde discloses that he sustained CLW right frontal region and contusions right forearm and both are simple injuries. 6. Admittedly, intention of the assailants is required to be gathered not merely from the injuries while considering the offence, but from the conduct of the assailants and also from the entire circumstances of the case. 7. Besides, it is submitted that alleged weapons are yet to be recovered. Hence, considering the accusations made against the applicants and nature, gravity and seriousness thereof, it is apparent that there is no possibility of false implication of the applicants in the alleged crime, and hence, custodial interrogation of the applicants is necessary for further progress in the investigation in proper perspective. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Therefore, present application deserves to be rejected. 8. In the result, present application lacks merit and, therefore, stands dismissed and disposed of finally. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***