FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3490 OF 2011 1- RAMESH UDHAV GOMARE 2- LAXMAN S/O UDHAV GOMARE. 3- BHARAT S/O PANDHARI NAIK. 4- MADHAV RAMRAO KURULEKAR. VERSUS THE STATE OF MAH AND ANR ... Advocate for Petitioner(s) : Mr. Murkute J.M. APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: September 16, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. At the outset, Mr. Murkute, learned counsel for the applicants, on instructions, stated that the applicant No.2 namely Laxman s/o Udhav Gomare has been arrested by the investigating Agency and, therefore, seeks leave to withdraw present application to the extent of said applicant No.2 Laxman. In view of said submission, leave granted and present application stands dismissed as withdrawn to the extent of said applicant No.2 Laxman. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. As regards applicant Nos.1] Ramesh s/o Udhav Gomare, No.3] Bharat s/o Pandhari Naik and No.4] Madhav s/o Ramrao Kurulekar, they have preferred present application seeking anticipatory bail, apprehending their arrest under Crime No.57/2011, registered at Kandhar Police Station, District Nanded, for the offences punishable under sections 326, 324, 323, 147, 148, 149, 504 and 506 of Indian Penal Code. Accordingly, interim anticipatory bail was granted in favour of applicant Nos. 3 and 4 by this Court by order dated 10.8.2011, which is effective till today. 4. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Umakant Madhavrao Chivade on 14.5.2011. The contents of the said complaint discloses names of the applicant No.1] Ramesh Udhav Gomare, No.3] Bharat s/o Pandhari Naik and No.4] Madhav s/o Ramrao Kurulekar, as well as specific roles have been attributed to them during the occurrence of the incident. However, role attributed to applicant No.1 Ramesh, appears to be of serious nature, since, it is alleged that, he was armed with axe and thereby he assaulted the complainant’s father namely Madhav Chivade, on his head and he sustained serious injury on his head, whereas roles ascribed to the applicant No.3- Bharat Naik is that he assaulted by stick to the complainant’s father Madhav on his back and both the legs, as well as role FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders assigned to applicant No.4 Madhav is that he assaulted by stone on the back of the complainant and therefore, it is apparent that roles ascribed to the applicant No.3- Bharat and applicant No. 4- Madhav are comparative of lesser degree than the role ascribed to applicant No.1] Ramesh, during the occurrence of the incident. Moreover, the injury certificate of Madhav discloses that, although he sustained simple injuries, situs of the said injuries are on the vital parts of the body i.e. Scalp and behind the ear and below the eye respectively. 5. Besides, it is pointed out that there are criminal antecedents against the applicant No.1] Ramesh Gomare and as many as five offences are registered against him. It is also submitted that the proposal of externment proceedings have been initiated against the applicant No.1 Ramesh. In the said context, learned counsel for the applicant submitted that out of said five offences, the applicant No.1 has been acquitted in respect of four crimes. It is further pointed out that one of the crimes also has been registered against the applicant No.3 Bharat. In the said context also, learned counsel for the applicant submitted that he has been acquitted from the said crime. 6. Having comprehensive view of the matter and considering the accusations made against the applicants no.1,3 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders and 4 and nature and gravity thereof, participation of the applicant No.1] Ramesh Gomare in the occurrence of the incident is prominent and even the axe allegedly used by him in, the occurrence of incident is yet to be recovered and therefore, there is primafacie case against the applicant No.1 and hence, his custodial interrogation is imperative and therefore, present anticipatory bail application deserves to be dismissed to the extent of applicant No.1. However, admittedly, interim protection was granted to applicant nos.3 and 4 and as mentioned herein above, roles ascribed to them in the occurrence of the incident is of lesser degree and therefore, interim anticipatory bail granted to them deserves to be made absolute, but on certain conditions. 7. In the result, present application is allowed partly to the extent of applicant No.3] Bharat Pandhari Naik and applicant No.4] Madhav Ramrao Kurulekar, and it is directed that in the event of arrest of applicant No.3 Bharat and applicant No.4 Madhav, under Crime No.57/2011, registered at Kandhar Police Station, District Nanded, they be released on bail, on furnishing P.R. Bond in the sum of Rs.15,000/- each and one surety in the like amount by each of them, on the following conditions :- i) The applicant nos. 3 and 4 shall give attendance before FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders the concerned Investigator twice in a week i.e. on every MONDAY AND THURSDAY between 04.00 p.m. to 07.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant nos.3 and 4 shall not influence upon the witnesses, and/or tamper with the prosecution evidence,directly or indirectly, in any manner, what so ever. 8. However, present application in respect of applicant No.1 Ramesh Gomare stands dismissed. Accordingly, present application is disposed of finally. 9. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***