1 Cri.A.5476.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5476 OF 2011 1] Avinash Nimba Kharat, 2] Pappu @ Dhiraj Sanjay Pagare, All R/o Gaikwad Chowk, Old Dhule, Tq. And Dist.Dhule. ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.A.B.Girase, Advocate for Applicants. Shri.B.J.Sonwane,A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 14.12.2011. PER COURT : 1. Heard learned counsel on both sides. 2. The present applicants are arrested, in connection with crime No. 151 of 2011, registered with Azadnagar Police Station, Dhule under sections 143, 147, 148, 149, 395, 452, 323, 504, 506 of the Indian Penal Code read with Sections 4 and 25 of the Arms Act. 2 Cri.A.5476.11 3. The incident is alleged to have taken place on 06th October, 2011 at about 9.30 p.m., when as many as 20 persons including present applicants are said to have entered the house of the complainant duly armed with iron pipe, iron bar and tommy. Only Mr. Garud was armed with wooden log. The present applicant No.1 armed with iron pipe and applicant NO. 2 armed with iron bar. According to the complainant, he received blow at the hands of Deepak Pahelwan with iron tommy, and gold chain weighing 20 grams is alleged to have been snatched from his neck. Co-accused Nilesh Devare, Bapu Ahire, Deepak Chavan and Yogesh Ahire caught hold legs of the applicant. Kunal Gulabrao Pawar and Prakash Pandurang Ahire assaulted him with fist blows on his chest and stomach. All these acts had taken place at site, FIR came to be filed on 09.10.2011. The Investigating agency had not sent present complainant for examination at the hands of Medical Officer attached to Public Hospital. Reason given for not carrying the complainant for medical examination, as he was 3 Cri.A.5476.11 absconding after filing of the FIR. This explanation cannot be accepted. The Investigating Officer should have sent him with the help of Head constable for examination. Apart from complainant some other persons are injured. The State has not produced medical Certificates concerning those persons. 4. Looking to the entire police papers serious doubt is required to be raised about incident. Argument was advanced by the learned Advocate Mr. Girase that this FIR came to be lodged to retort two complaints filed by the applicant and his brother. This submission is required to be accepted. In the result, I am inclined to raise serious doubt about FIR filed by Mr. Deva, consequently, present applicants are entitled to bail, hence following order is passed. (i) The Bail Application is granted. (ii) Each of the applicant, who is 4 Cri.A.5476.11 arrested in Crime No. 151 of 2011 registered with Azadnagar Police Station, Dhule, is ordered to be released on bail in the sum of Rs. 15,000/-(Rupees Fifteen Thousand) with one surety in the like amount. Each of the applicant shall execute P.R. bond of sum of Rs.15,000/- (Rupees Fifteen Thousand). (ii) Each of the applicant is directed to attended the concerned Police Station on every Monday and Thursday between 11.00 a.m. to 4.00 p.m. till filing of the charge- sheet. Sd/- [ R.Y.GANOO, J. ] MTK 5 Cri.A.5476.11