1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1930 OF 2010 1. Raja @ Rajesh Vitthal Satpute, Age-24 years, Occu-Rikshaw Driver, R/o.Mill Corner, Aurangabad. 2. Vishram S/o.Kishan Bhujang, Age-35 years, Occu-Agriculturist, R/o.Bhoiwada, Mill Corner, Aurangabad 3. Kaduba W/o.Kishan Bhujang, Age-55 years, Occu-Agriculturist, R/o. As above 4. Praveen @ Buttya S/o.Kaduba Bhujang, Age-22 years, Occu-Education, R/o.As above. 5. Kishor S/o.Kaduba Bhujang, Age-30 years, Occu-Education R/o.As above APPLICANTS VERSUS 1. The State of Maharashtra 2. The Commissioner of Police, Aurangabad RESPONDENTS Mr.Vaishali Ghanekar h/f. Mr.N.S.Ghanekar, learned counsel for applicants. Mr.K.S.Patil, learned APP for State 2 CORAM : A.V.POTDAR, J. DATE : 21/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in connection with CR No.141/2010 registered in Chhawani Police Station for the alleged offence punishable u/s. 397, 326, 323, 504, r/w. 34 of IPC. 2. Heard learned counsel for applicant and learned APP for State. Also perused the papers of investigation till carried out. 3. It appears that interim protection was granted to the applicants vide order dated 14/05/2010. 4. Today, concerned Investigation Officer attached to the Chhawani Police Station is present, but unable to produce the medical certificate on record. 5. Perusal of the papers of investigation discloses that the said offence came to be registered on 23/04/2010, on the complaint of one Sayyad Azhar Sayyad Shafi, an auto rikshaw driver, with whom the quarrel took place in the night of 22/04/2010 of these applicants. The allegations in the complaint discloses that when the complainant has parked his auto near Military Enpension Bunglow, these applicants approached the complainant and quarrel took place on 3 the count as to why the complainant has parked his auto rickshaw there. The allegations other than applicant Praveen are that they assaulted the complainant with kicks and fist blows, which are vague in nature. But there are specific allegations against applicant no.4 Praveen that he hit on the forehead of complainant with the help of stump. Considering the acquaintance of these applicants with complainant, there is no possibility of false implication. Hence following is the order : O R D E R 1. Application is partly allowed. 2. Application in respect of applicant no.4 Praveen@ Buttya S/o.Kaduba is hereby rejected. 3. Interim protection earlier granted vide order dated 14/05/2010 is hereby confirmed in respect of applicant no.1,2,3 and 5 only till filing of charge sheet. 4. Applicants to co-operate the Investigation Agency. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1930-10