1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3611 OF 2011 Vishnu s/o Rajaram Andhale and others ...Applicants VERSUS The State of Maharashtra and anr. ...Respondents ..... Smt. S.S.Jadhav, advocate for applicants Smt. R.K.Ladda, A.P.P. for respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 29th August, 2011 PER COURT : 1 Perused the investigation papers which were made available for perusal purpose and heard respective learned counsel for the parties finally. 2 2 This is an application preferred by the applicants for anticipatory bail apprehending their arrest under C.R. No. 45 of 2011, registered at Chakalamba police station, District Beed, for the offences punishable under Sections 147, 148, 149, 323, 324, 326 and 452 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of the complaint lodged by one Bhaskar Jagannath Palve on 20.7.2011 in respect of the occurrence of the alleged incident on 18.7.2011 at about 1900 hours. 4 On perusal of the contents of the first information report, it appears that the names of the applicants have been reflected in the first information report, but the roles attributed to co-accused persons, namely Datta and Subhash appear to be vital in the occurrence of the incident. 5 It is submitted that both the said co-accused persons, namely Datta, who alleged used knife and Subhash, who allegedly used axe, have been enlarged on bail. The roles attributed to the applicants herein appear to be of comparatively 3 lesser degree, such as the role attributed to applicant no.1 Vishnu is that he assaulted to the complainant Bhaskar by stick on his right and left hand and head, but the injury certificate of Bhaskar shows that he sustained simple injuries on fore arm and hand, and the said injury certificate does not disclose that he sustained any injury on head. Moreover, the role attributed to applicant no.2 Santosh is that he assaulted to the complainant’s wife Kantabai on her left hand palm and left shoulder by iron chimta, but the injury certificate of Kantabai discloses that she sustained injury on back and left shoulder and both the said injuries are simple in nature. Besides that, the roles assigned to applicant no.4 Madhav and applicant no. 5 Suryabhan are that they assaulted Gorakh by stick and the injury certificate of Gorakh discloses that he sustained injuries on forearm and left shoulder and both the said injuries are simple in nature; whereas role attributed to applicant no.6 Kakasaheb is that he arrived on the spot by jeep and took the injured by the said jeep and not beyond that. 6 Admittedly, the applicants were granted interim anticipatory bail and considering the afore said facts and 4 circumstances, same deserves to be made absolute, on certain conditions. 7 In the result, present application is allowed and interim anticipatory bail granted to applicant nos. 1 to 6 on 20.8.2011 stands confirmed on the following conditions :- (i) Applicant nos. 1 to 6 shall give attendance before the concerned investigator once in a week i.e. on every Wednesday between 1.00 p.m. to 4.00 p.m., till filing of the charge sheet and shall cooperate in the investigation. (ii) Applicant nos. 1 to 6 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. (iii) Applicant nos. 1 to 6 shall not enter into village Gulaj and Panchaleshwar, Taluka Gevrai, District Beed, till filing of the charge sheet. 5 8 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 9 The present application stands disposed of finally. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3611.11