SRJ 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3320 OF 2010 Amit Hanmant Gade & Others .. Applicants V/s. The State of Maharashtra .. Respondent Shri V.V.Purwant, for Applicants Mrs. A.S.Pai, A.P.P. for the State-Respondent. CORAM : A.R.JOSHI, J DATED : AUGUST 17th, 2010. P.C. 1. Heard rival submissions for sometime in this matter for anticipatory bail preferred by seven Applicants apprehending their arrest in C.R.No.257 of 2010 registered with Mohol Police Station, District Solapur for the offences of rioting and also offences punishable under sections 395 and 394 of Indian Penal Code. 2. On the last date also matter was heard for some time and it was noticed by the Court that there is certain discrepancy in the date of the lodging of the SRJ 2 First Information Report. The contents of the First Information Report mention that on the date of the incident i.e. on 15th June, 2010, Complainant lodged complaint as such logically it should show the date of lodging complaint as 15th June, 2010. However, first page of the First Information Report format registered at Mohal Police Station, District Solapur, show the date as 18th June, 2010. In order to clarify this discrepancy, presence of Investigation Officer was sought. Accordingly, Investigation Officer is present today along with the original documents/papers. During arguments, learned A.P.P. for the State clarified that though the incident happened on 15th June, 2010 and on that day, he lodged First Information Report, it was the complaint registered by Head constable, District Solapur, and subsequently it was transferred to Mohal Police Station and in the said First Information Report format, later date is mentioned. 3. During arguments, learned Advocate appearing for the Applicant submitted that first in point of time an N.C. was registered by present Applicant No.5 - one Shri Popat S. Kapure and it was registered with the Mohal Police Station at about 21.45 hours taking names of the present complainant and other persons who had assaulted the present Applicant and other accused persons in the SRJ 3 present matter. Apparently, there are cross complaints. i.e. complaint of present Applicant was registered as N.C. whereas complaint of the present Complainant was registered with Mohal Police Station as First Information Report and also section 395 is applied in the said complaint. There is mention that present Applicant No.5 and Applicant No.7 had snatched wrist watch and gold finger ring from the son of the Complainant. The role assigned to the present Applicant is that of his presence during the incident of rioting armed with hockey sticks and Iron bars and assaulting the Complainant and others. There are three another injured persons. 4. Considering the above circumstances, though in the opinion of this Court, the relief of pre-arrest bail cannot be granted in favour of the Applicant, however, still they can be protected for certain period till they surrender before the concerned Additional Sessions Judge and apply for regular bail. In this view of the matter, present application is disposed off with the following order:- (a) All the Applicants are directed to surrender before the Additional Sessions Judge at Solapur within 10 days from this order and ask for regular bail. In the meantime, present Applicants are protected from their arrest. Learned SRJ 4 Additional Sessions Judge, Solapur who will be seized on said application shall dispose off the same according to law and on merits of the case without being influenced by any observations made in the present order so far as the merits of bail application are concerned. Copy of the present order is expedited. (A.R.JOSHI,J.)