Cri. Appln. No. 2589/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2589 OF 2011 Shaik Javed s/o. Shaikh Babu, R/o. Mangal Bazar, Jalna, Tal. & Dist. Jalna. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. AND CRIMINAL APPLICATION NO. 2590 OF 2011 Shaik Dawood s/o. Shaikh Babu Miya, R/o. Mangal Bazar, Jalna, Tal. & Dist. Jalna. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. R. S. Deshmukh, Advocate for applicants. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 20th July, 2011. PER COURT : 1. These applications are filed for anticipatory bail in Cr. No. 103/2011 registered in Sadar Bazar Police Station, Jalna for offences punishable under sections 326, 149 etc. of IPC. Papers of investigation are made available by APP. Both the sides are heard. Cri. Appln. No. 2589/11 2 2. The crime is registered on the basis of report given by one Dinesh Badawane, who is police constable. He has made allegations against the applicants that on 20.5.2011 after 19.30 hrs. when he was proceeding to Mangal Bazar, he saw that there was crowd near Lucky Hotel and so he stopped there. He has made allegations that after seeing him, the applicant from first proceeding rushed at him and started giving beating to him by saying that the complainant had involved him in a gambling (Matka) case. He has made allegations that brothers of applicant also came there and he was assaulted by using sticks and plank. He has made allegations against applicant from proceeding bearing Criminal Application No. 2590/2011 that he used stick and the blow was given on the head of the complainant. 3. The advocate of the applicants submitted that on 22.5.2011 report was given by lady member of the family of the applicants against the complainant. He submitted that the complainant is addicted to liquor and on the day of incident also he tried to enter the house of the applicants, when there was no male member in the house. He drew attention of this Court to papers of Deepak Hospital showing that when the complainant was admitted in the hospital, he had taken excessive alcohol. The injury certificate issued by the Government Hospital shows that two simple injuries were noticed, though the complainant was Cri. Appln. No. 2589/11 3 admitted in private hospital for few days. The injures are not described as grievous injuries. In view of these circumstances, anticipatory bail can be granted to the applicants. 4. So ad-interim relief granted earlier to applicant in Criminal Application No. 2589/2011 is confirmed. Criminal Application No. 2590/2011 is allowed. In case of arrest of applicant in Criminal Application No. 2590/2011, he is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). Both the applicants are not to tamper with the prosecution witnesses. They are not to commit similar offence. They are to appear before the Investigation Officer on 24.7.2011 between 9 am and 12 noon for the purpose of interrogation. [ T. V. NALAWADE, J.] ssc/criapln2589/11