(1) Cri. Appln. Nos. 4017 & 4087 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4017 of 2011 With Criminal Application No. 4087 of 2011 Criminal Application No. 4017 of 2011 Tateram s/o. Siddu Shinde, Age : 55 years, Occupation : Labour / Bhikshuk, R/o. Bajegaon, Taluka : Dharmabad, District : Nanded. .. Applicant. versus 1. The State of Maharashtra, Through Incharge Police Officer, Umari Police Station, Tal. Umari, District : Nanded. 2. The Superintendent of Police, Nanded, Dist. : Nanded. .. Respondents. ....................... Mr. Sandeep R. Andhale, Advocate, holding for Mr. P.R. Katneshwarkar, Advocate, for the applicant. (2) Cri. Appln. Nos. 4017 & 4087 of 2011 Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ************* Criminal Application No. 4087 of 2011 1. Appaji Sidhu Shinde, Age : 56 years, Occupation : Labour, R/o. Bachegaon, Taluka : Dharmabad, District : Nanded. 2. Sakharam Sidhu Shinde, Age : 50 years, Occupation : Agriculture, R/o. Bachegaon, Taluka : Dharmabad, District : Nanded. 3. Bhaurao Sidhu Shinde, Age : 40 years, Occupation : Agriculture, R/o. Bachegaon, Taluka : Dharmabad, District : Nanded. 4. Jagan @ Jagnath Sidhu Shinde, Age : 35 years, Occupation : Labour, R/o. Bachegaon, Taluka : Dharmabad, District : Nanded. (3) Cri. Appln. Nos. 4017 & 4087 of 2011 5. Gangaram Appaji Shinde, Age : 30 years, Occupation : Labour, R/o. Bachegaon, Taluka : Dharmabad, District : Nanded. 6. Tukaram Appaji Shinde, Age : 25 years, Occupation : Labour, R/o. Bachegaon, Taluka : Dharmabad, District : Nanded. .. Applicants. versus The State of Maharashtra, Through Police Station, Umari, Taluka : Umari, District : Nanded. .. Respondent. ........................ Mr. Amol S. Sawant, Advocate, for the applicants. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ************* (4) Cri. Appln. Nos. 4017 & 4087 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 29TH SEPTEMBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. After hearing learned respective Counsel for the parties extensively, learned Adv. Mr. A.S. Sawant, for the applicants in Criminal Application No. 4087/2011, on instructions, seeks leave to withdraw the present Application in respect of applicant no.1, namely, Appaji s/o. Sidhu Shinde. 3. In view of the said submission, leave granted, and Criminal Application No. 4087/2011 stands dismissed as withdrawn to the extent of applicant no.1, namely, Appaji s/o. Sidhu Shinde. 4. As regards other applicant nos.2 to 6 in Criminal Application No. 4087/2011, and also, as regards the applicant in Criminal Application No. 4017/2011, they are seeking anticipatory bail, apprehending their arrest in connection with (5) Cri. Appln. Nos. 4017 & 4087 of 2011 Crime No. 64/2011, registered at Police Station, Umri (District : Nanded), for the offences punishable under Sections 143, 147, 148, 149, 324, 341, 325, 326, read with Section 34 of Indian Penal Code, and also under Section 135 of Bombay Police Act. 5. It appears that the offence has been registered on the basis of the complaint lodged by the complainant, namely, Bhimrao s/o. Laxman Shitole, on 12th August 2011. At the outset, it is to be noted that although the alleged incident occurred on 7th August 2011, the complaint came to be lodged after delay of five days i.e. on 12th August 2011, and apparently, the said delay has not been explained in the said complaint. 6. Besides, on perusal of the contents of the complaint, it appears that there are general and omnibus allegations against applicant nos.2 to 6 in Criminal Application No. 4087/2011, and also against the applicant in Criminal Application No. 4017/2011, that they assaulted the complainant Bhimrao Shitole on his back, hands and neck, by sticks and attempted to remove his mustache. The injury certificate of the victim Bhimrao does not disclose any injury on his back and hands, but discloses the injury on his neck. It is reported that the said injured person i.e. complainant has been discharged from the hospital. (6) Cri. Appln. Nos. 4017 & 4087 of 2011 7. Having comprehensive view of the matter, and considering the accusations made against applicant nos.2 to 6 in Criminal Application No.4087/2011, and the applicant in Criminal Application No. 4017/2011, apparently, there is no necessity of custodial interrogation of the said applicants for further progress in the investigation, and hence, they deserve grant of anticipatory bail but on certain conditions. 8. In the result, Criminal Application No. 4087/2011 is allowed partly to the extent of applicant nos.2 to 6, namely; Sakharam s/o. Sidhu Shinde, Bhaurao s/o. Sidhu Shinde, Jagan @ Jagnath s/o. Sidhu Shinde, Gangaram s/o. Appaji Shinde, and Tukaram s/o. Appaji Shinde, respectively, as well as, Criminal Application No. 4017/2011 is also allowed in respect of the applicant therein, namely, Tateram s/o. Siddu Shinde, and it is directed that in the event of arrest of the aforesaid applicants, in connection with Crime No. 64/2011, registered at Police Station, Umri (District : Nanded), they be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/-, each, with one surety in the like amount, by each of them, on the following conditions : (i) The aforesaid applicants shall give attendance before the concerned investigator, twice in a week i.e. on every Monday and Thursday, between 4.00 p.m. to 7.00 p.m., till filing of charge (7) Cri. Appln. Nos. 4017 & 4087 of 2011 sheet, and shall cooperate in the investigation. (ii) The aforesaid applicants shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9. However, Criminal Application No. 4087/2011, to the extent of applicant no.1, namely, Appaji s/o. Sidhu Shinde, stands dismissed as withdrawn, as aforesaid. 10. Both the Criminal Applications stand disposed of finally. 11. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka4017etc