Cri. Appln. No. 2958/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2958 OF 2011 1. Jagan s/o. Banaji Mapari, 2. Parbati s/o. Limbaji Sawale, Both R/o. Warudgavali, Tq. & Dist. Hingoli. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. V.M. Maney, Advocate for applicants. Mr. G.R Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 21st July, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 80/11 registered in Hingoli Rural Police Station for offences punishable under sections 435, 148, 326, 149 etc. of IPC. Papers of investigation were made available by APP. Both the sides are heard. The advocate of the applicant produced some record of litigation between family of complainant and family of Kolpe, the other accused named in the FIR. 2. The crime is registered on the basis of report given by one Shobhabai Dakhore. She has contended that since last 5 years, a dispute Cri. Appln. No. 2958/11 2 is pending in Civil Court between her family and the family of Kolpe and due to that dispute, on 10.6.2011 the members of family of Kolpe with the present applicants came to the field. She has made allegations that they set her hut on fire. She has made allegations that some members of the family Kolpe assaulted her by using weapons like sticks and iron bar and she sustained grievous injuries. The injury certificate shows that she sustained grievous injuries like fracture on right tibia fibula and fracture at humerous left. Allegations are made that applicants assaulted by fist blows and kicks to father in law and to son of complainant. 3. The record produced by the advocate of the applicants shows that agricultural land bearing Gat No. 272 admeasuring 1.68 H. was first belonging to one trust. After obtaining the permission of the trust, the property was sold to one Saraf in 1988 and from Saraf, family of Kolpe purchased the property on 18.8.2010. A proceeding was filed by the family of the complainant before Tahsildar under the Tenancy Act and by order dated 9.9.2009 the proceedings came to be decided in favour of the family of Saraf and application filed for issuing certificate of ownership in favour of family of the complainant under the Tenancy Act came to be rejected. There is copy of judgment delivered in RCS No. 142/2006 which was filed by Saraf family against the family of the complainant and the relief of permanent injunction was given against the family of the complainant. In any case, the present applicants are not members of the Cri. Appln. No. 2958/11 3 family of Kolpe. The FIR shows that there are no specific allegations against the present applicants and there are omnibus allegations that they were present in the company of members of family of Kolpe. In view of these circumstances, this Court holds that anticipatory bail needs to be granted to the applicants. So the ad-interim relief granted in favour of applicants is confirmed and application stands disposed of. [ T. V. NALAWADE, J.] ssc/criapln2958.11