(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2805 of 2011 Vishnu Santram Kale, Age : 37 years, Occupation : Business, R/o. Govardhan Kutir Chawl, Devicha Pada, Dombiwali West, Mumbai - 1. .. Applicant. versus The State of Maharashtra, Through Police Station, Gondi, Taluka : Ambad, District : Jalna. .. Respondent. ....................... Mr. R.R. Suryawanshi, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 13TH SEPTEMBER 2011 (2) COURT'S ORDER : 1. The Investigating Officer, namely, Shirish Dattatraya Humbe, A.P.I., is present before the Court as per the earlier directions. 2. Perused the investigation papers which were made available for inspection purpose and also heard learned respective Counsel for the parties, finally. 3. This is an application preferred by the applicant seeking anticipatory bail apprehending his arrest in connection with Crime No. 21/2011, registered at Police Station, Gondi (District : Jalna), for the offences punishable under Sections 307, 323, 506 read with Section 34 of Indian Penal Code. 4. It appears that the crime has been registered on the basis of the complaint lodged by one Pandurang s/o. Devrao Pandhare, alleging that on 30th January 2011, at about 2.00 a.m., the applicant and the other co-accused persons woke him up when he was asleep and on the pretext of earlier cause of difference, assaulted him by sticks and thereby the complainant fell down and thereafter the applicant herein removed his pant and the co-accused Pinu Sharnagat and Laxman Kale caught hold (3) of his hands and legs, whereas co-accused Prakash Kale gave three blows by means of knife just below private part of the first informant and caused serious injuries to him. 5. It is canvassed by the learned Counsel for the applicant, that the applicant is resident of Dombivali and was not present at the place of incident i.e. village Mangrul (Taluka : Ghansavangi, District : Jalna), at the relevant time, and produced affidavits and documents to that effect at Exhibit "D". 6. Apparently, although the alleged incident took place on 30th January 2011, at about 02.00 a.m., the FIR came to be lodged after delay of three days i.e. on 3rd February 2011, and it is canvassed that the complainant has not explained the said delay satisfactorily. Moreover, it is also pointed out that the co- accused persons were arrested and investigation was carried out and the requisite weapon has been recovered from them and they have been enlarged on regular bail. No doubt, the injury certificate dated 31st August 2011 discloses serious injuries sustained by the victim i.e. multiple fracture Pelvis with rupture bladder with urethral injury with deep parineal injury with hemorrhage shock, and it is reported that he has been discharged from the hospital. However, learned APP submits that the said injured person has been advised to attend for treatment and (4) surgery after one month. 7. However, considering the position that during investigation, weapon has been recovered, and also considering the aforesaid unexplained delay in lodging the FIR, and since applicant was granted interim protection by this Court earlier, by order dated 22nd July 2011, same deserves to be confirmed, but on certain conditions. 8. In the result, present Criminal Application is allowed and interim anticipatory bail granted by this Court, on 22nd July 2011, in favour of the applicant, stands confirmed and it is directed that in the event of arrest of the applicant, in connection with Crime No. 21/2011, registered at Police Station, Gondi (District : Jalna), he be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the conditions, that (i) applicant shall give attendance before the concerned investigator twice in a week on every Tuesday and Friday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner, whatsoever, directly or indirectly, and present Application stands disposed of finally. (5) 9. However, it is made clear that the above observations are prima facie in nature, and same 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 ......................... bgp/ka2805