1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.453 OF 2010 Shahebaj Akbar Bagwan APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.455 OF 2010 1. Bhola @ Imran Muktar @ Isaq Pathan and another APPLICANTS VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.454 OF 2010 Aslam Asir Shaikh APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Sandeep S.Deshmukh, learned counsel for applicants in all the applications. Mrs.Y.M.Kshirsagar, learned APP for respondent State in all the applications. 2 (CORAM : A.V.POTDAR, J.) DATE : 17/02/2010 PER COURT : 1. The applicants in these 3 applications have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.239/2009, registered in Kotwali Police Station, Ahmednagar. 2. As all these applications arises out of the same CR, registered in Kotwali Police Station, all these applications to be disposed of by way of common order. 3. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for the State. 4. Papers of investigation shows that the said offence came to be registered on the complaint of one Kishor Bendre, which complaint was recorded while he was taking the treatment in the civil hospital. The complaint discloses that, in the afternoon of 18/07/2009, when the complainant alongwith his two friends were passing on the road from Bhopale Galli on Tilak Road, they saw the crowd was gathered in front of Ashok Firodiya School and there was commotion. When they stopped there vehicle as to see what happened, they saw one applicant in Cri.Appl.No.454/2010 was assaulting one unknown boy. After the assailant i.e. applicant in Cri.Appl. 454/2010 saw the 3 complainant and his friends there, they suspect that the complainant and his friends have came to rescue the boy who was assaulted by the applicant in Cri.Appl.454/2010. At that time, applicant in Cri.Appl.No.454/2010 took out the revolver, and threatened to kill him. The applicant in Cri.Appl.No.453/2010 has attempted to assault the complainant with sword in his hand, but was saved. At that time, the applicants in Cri.Appl.No.455/2010 punched with fist blows on the chest of complainant, as well as his friends and during that process, the gold ornaments on his person were snatched and were taken away, hence the complaint. 5. During the course of submissions across the bar, it is tried to urge that considering the nature of injuries, as the medical certificates are produced alongwith the application shows that the complainant and his friends were discharged on the very same day and the nature of injuries are simple. Considering the nature of accusation in the complaint, the offence alleged would not be attracted and as such they be released on anticipatory bail. 6. Per contra, learned APP opposed the bail application on various grounds. 7. Considering these rival submissions across the bar, one fact is clear that even though it appears that there is some exaggeration about the role played by each of the applicant, but it can not be disputed that no any incident took place, for which the complaint 4 was lodged. Second aspect require to be considered that it appears from the language of the complaint that the complainant and these applicants are acquainted with each other, and if it is so, as the incident occurred in the broad day light, in front of the school, and in the way and manner, the complainant and his friends were assaulted by these applicants, there can not be possibility of false implication of these applicants in the said offence. In the premise, application sans any merit as there is no false implication of these applicants in this offence, hence rejected. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.453-10