cra2968.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2968 OF 2011 Raju s/o Motiram Shinde, Age-30 years, Occu:Agril., R/o-Kurur, Tq-Mukhed, Dist-Nanded. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) The District Superintendent of Police, Nanded, Dist-Nanded. ...RESPONDENTS. WITH CRIMINAL APPLICATION NO.3062 OF 2011 Dattu @ Dattatraya s/o Motiram Shinde, Age-43 years, Occu:Service, R/o-Kerur, Tq-Mukhed, Dist-Nanded. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) The District Superintendent of Police, Nanded, Dist-Nanded. ...RESPONDENTS. cra2968.11 2 WITH CRIMINAL APPLICATION NO.3266 OF 2011 Vilas s/o Champatrao Shinde, Age-37 years, Occu:Agril., R/o-Kerur, Tq-Mukhed, Dist-Nanded. ...APPLICANT. VERSUS 1) The State of Maharashtra, 2) The District Superintendent of Police, Nanded, Dist-Nanded. ...RESPONDENTS. ... Shri.A.M. Gaikwad Advocate for Applicants in all Applications. Shri.G.R. Ingole A.P.P. for Respondents in all Applications. ... CORAM: T.V. NALAWADE, J. DATE : 2ND AUGUST, 2011 PER COURT : 1. All these three Applications are filed for anticipatory bail in C.R. No.87 of 2011 cra2968.11 3 registered in Mukhed Police Station, Dist-Nanded, for the offences punishable under Sections 307, 323, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Hanmantrao Champatrao Shinde. He has contended that on 3rd June, 2011, his brother Vilas and two friends of Vilas like Dattu and Raju came to him and they picked up quarrel. He has contended that some land is left with his father after the partition between the two brothers and Vilas was insisting to partition this land also. He has contended that in the incident, Vilas and his two friends forcibly poured poisonous insecticide into his mouth. 3. The police papers include the medical case record prepared by Civil Hospital. No injury was found and history of unknown poisoning was cra2968.11 4 given in the hospital by complainant. The medical officer has given certificate that the patient was admitted for more than 48 hours but the patient did not clinically appear to be case of consumption of poison. The stomach wash sample was however, preserved for sending it to C.A. Office. 4. The Advocate of the Applicants submitted that wife of the complainant was appointed as Anganwadi Sevika and this appointment was challenged by the wife of the Applicant – Raju. He has produced some record to show that appointment was challenged on the ground that false declaration was made and when the wife of the complainant had three issues, she declared that she had two issues. After enquiry, appointment order issued in favour of wife of the complainant came to be cancelled and appointment was given to the wife of Applicant- Raju. The Advocate of the Applicants submitted that wife of Raju is still using name of the father and her name is Meera cra2968.11 5 Babarao Lamture. The Advocate of the Applicants also submitted that the land which is mentioned in the F.I.R. is already acquired by the Government. He has produced some record to that effect and the record shows that land Survey No.23, which was standing in the name of Champatrao, is acquired by the Government. The Advocate submitted that the compensation amount is already distributed amongst the two brothers and father, and there was virtually no reason for such dispute. 5. In any case, in view of the aforesaid medical certificate and the fact that no injury was found on the person of the complainant, this Court holds that the relief of anticipatory bail needs to be given to all the Applicants. So, all the three Criminal Applications are allowed. 6. Ad interim relief given by this Court to the Applicant Raju s/o Motiram Shinde in Criminal cra2968.11 6 Application No.2968 of 2011 by order dated 14th July, 2011, is confirmed. 7. Ad interim relief given by this Court to the Applicant Dattu @ Dattatray s/o Motiram Shinde in Criminal Application No.3062 of 2011, by order dated 20th July, 2011, is confirmed. 8. Anticipatory bail is granted to the Applicant in Criminal Application No.3266 of 2011. In case of arrest of Applicant Vilas s/o Champatrao Shinde in C.R. No.87 of 2011 registered in Mukhed Police Station, Dist-Nanded, for the offences punishable under Sections 307, 323, 34 etc. of the Indian Penal Code, the Applicant is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). 9. The Applicants are not to tamper with the prosecution witnesses. They are not to commit similar offence. Applicant Vilas s/o Champatrao cra2968.11 7 Shinde is to appear before the Investigating Officer on every Sunday between 9.00 a.m. and 12.00 noon for the period of one month from today and he is to co-operate with the investigating agency. 10. All the three Criminal Applications are disposed of. [T.V. NALAWADE, J.] asb/AUG11