Cri. Appln. No. 2944/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2944 OF 2011 1. Phulchand s/o. Bhika Narwade, 2. Laxmibai w/o. Phulchand Narwade, 3. Rahibai w/o. Bhika Narwade, 4. Rahul s/o. Phulchand Narwade, Age 16 yrs., Under guardianship of his father Phulchand s/o. Bhika Narawade, 5. Amol s/o. Phulchand Narwade, All R/o. Shirodi (Kd), Tq. Phulabhri, Dist. Aurangabad. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. V.M. Kagne, Advocate for applicants. Mr. B.J. Sonawane, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 19th July, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 96/2011 registered in Khultabad Police Station, District Aurangabad for offences punishable under sections 307, 149 etc. of IPC. The papers of investigation are made available. Both the sides are heard. Cri. Appln. No. 2944/11 2 2. The crime is registered on the basis of report given by one Suresh Shankar Narawade. He has made allegations that there is some dispute between his family and family of applicant and out of this dispute, the applicants assaulted his family members. Incident took place on 6.6.2011. Allegations are made that the applicants entered their field, committed trespass and then applicant No. 1 Phulchand gave blow of iron bar on the head of his father Shankar. Applicant No. 1 also said that he would finish Shankar. Allegations are made that Sachin and Amol used sticks and they assaulted Shankar on his hands and back. Allegations are made against Phulchand that he assaulted complainant also by using iron bar. Allegations are made against lady members that they used sticks in the incident and they assaulted lady members of the family of complainant. 3. The papers of investigation include injury certificate in respect of Shankar. It shows that there were two grievous injuries on his head and there was fracture of parietal bone. C.T. scan was done and he was admitted in the hospital. 4. In view of this record and the statements of eye witnesses, this Court holds that relief cannot be given to applicant Nos. 1 and 5. It appears that applicant No. 4 Rahul has not crossed the age of 18 years. He is juvenile. The age of applicant No. 3 is given as 75 years and Cri. Appln. No. 2944/11 3 applicant Nos. 2 and 3 are ladies. Allegations are not made against applicant Nos. 2 and 3 that they assaulted Shankar. In view of these circumstances, this Court holds that relief can be granted to applicant Nos. 2 to 4. 5. So the application of applicant Nos. 2 to 4 namely Laxmibai w/o. Phulchand Narwade, Rahibai w/o. Bhika Narwade, Rahul s/o. Phulchand Narwade, respectively, is allowed and ad-interim relief granted to them is confirmed. Advocate of the applicant did not press the application in respect of applicant Nos. 1 and 5. So the application of applicant Nos. 1 and 5 stands disposed of as not pressed. [ T. V. NALAWADE, J.] ssc/criapln2944.11