1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4374 OF 2009 Sudesh s/o Fattesing Gavit ...Applicant VERSUS The State of Maharashtra & anr. ...Respondents ..... Shri P.D.Bachate, advocate for the applicant Shri P.P.More, A.P.P. for the respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20th April, 2010 PER COURT : 1 Heard Shri P.D.Bachate, advocate for the applicant and Shri P.P.More, A.P.P. for the respondents. 2 This is an application for anticipatory bail preferred by applicant herein apprehending his arrest under CR No. 2 of 2009, registered at Visarwadi police station, District Nandurbar, for the offences punishable under Sections 307, 143, 147, 148, 149 of the Indian Penal Code and Section 37(1)(3) r/w Section 135 of the Bombay Police Act. 2 3 It appears that the offence has been registered on the complaint lodged by the complainant, namely Imtiyaj Mohd. Hazari on 1.1.2009 in respect of the occurrence of the incident at about 11.00 p.m. on 31.12.2008. 4 On perusal of the contents of the complaint, it is seen that the allegations made against the applicant herein are that he simply accompanied with the assailants to the spot of the occurrence of the incident, but no specific role/overt act has been attributed to him during the occurrence of the incident. Apparently there are omnibus allegations against the applicant that he participated in the assault along with other assailants/co-accused, but as stated herein above, no specific role has been attributed to him. Hence, apparently nothing is to be recovered from the possession of the applicant and/or at the instance of the applicant, and therefore, there is no necessity of custodial interrogation of the applicant. Besides that, it appears from the complaint that the incident apparently occurred out of the political rivalry, and therefore, the possibility of false implication of the applicant cannot be ruled out. Moreover, interim protection was granted to the applicant during the pendency of the present application and it is reported that applicant has cooperated in the investigation. 5 In the circumstances, present application deserves to be allowed and interim protection granted to the applicant by order dated 3 14.12.2009 stands confirmed and it is directed that in the event of arrest of the applicant in connection with C.R. No. 2 of 2009, registered at Visarwadi police station, District Nandurbar, the applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount,, on the following conditions :- (i) Applicant shall attend the concerned police station as and when required on written intimation and shall cooperate in the investigation, till filing of the charge sheet. (ii) Applicant shall not tamper with evidence and/or influence upon the witnesses directly or indirectly. 7 Needless to state that the afore said order shall be in force till filing of the charge sheet. 8 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4374.09