(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3425 of 2011 1. Somnath Vithal Shelke, Age : 26 years, Occupation : Agriculture. 2. Nandu Balu Shelke, Age : 21 years, Occupation : Agriculture. 3. Ashok Balu Shelke, Age : 26 years, Occupation : Agriculture. 4. Satish Shankar Shelke, Age : 21 years, Occupation : Agriculture. 5. Somnath Shankar Shelke, Age : 26 years, Occupation : Agriculture. 6. Prakash Ramdas Shelke, Age : 24 years, Occupation : Agriculture. 7. Ganesh Tukaram Shelke, Age : 26 years, Occupation : Agriculture. 8. Sopan Abaji Shelke, Age : 25 years, Occupation : Agriculture. (2) 9. Mahendra Mahadeo Shelke, Alias Ganesh Mahadeo Shelke, Age : 23 years, Occupation : Agriculture. 10. Ramdas Narayan Shelke, Age : 45 years, Occupation : Agriculture. All R/o. Shelkewadi, Rajapur, Taluka : Shrigonda, District : Ahmednagar. .. Applicants. versus The State of Maharashtra, Through the Police Inspector, Belwandi Police Station, Taluka : Shrigonda, District : Ahmednagar. .. Respondent. ....................... Mr. V.D. Hon, Advocate, for the applicants. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH AUGUST 2011 (3) COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by applicant nos.1 to 10, seeking anticipatory bail, in the event of their arrest in connection with Crime No. I-87/2011, registered with Police Station, Belwandi (Taluka : Shrigonda, District : Ahmednagar), for the offences punishable under Sections 143, 147, 148, 149, 326, 324, 323, 504, 506 and 427 of Indian Penal Code, and under Section 4/25 of the Arms Act. 3. At the outset, learned Adv. Mr. V.D. Hon, for the applicants, on instructions, seeks leave to withdraw the present application in respect of applicant no.6, namely, Prakash Ramdas Shelke. 4. In view of the said submission, leave granted, and the present application stands dismissed as withdrawn in respect of applicant no.6, namely, Prakash Ramdas Shelke. 5. As regards the other applicants i.e. applicant nos.1 to 5 and applicant nos.7 to 10, it appears that the offence has been registered on the basis of complaint lodged by the complainant, namely, Arun s/o. Baban Shelke, on 27-7-2011. It is the matter of (4) record, that ad interim relief was granted to the said applicants by this Court on 5th August 2011 which is effective till today. 6. The investigation papers are made available by the learned APP for perusal purpose, and on perusal of the investigation papers and contents of the FIR, it is apparent that there are serious allegations against applicant no.6 Prakash s/o. Ramdas Shelke, that he assaulted on the head of the complainant, by Wadhi, and thereby complainant sustained injuries on temporal occipital region and side of forehead, and apparently, there is prima facie incriminating evidence against applicant no.6 Prakash. However, as mentioned above, learned Counsel for the applicants has withdrawn the present application in respect of said applicant, namely, Prakash. 7. As regards other applicants i.e. applicant nos.1 to 5 and applicant nos.7 to 10, apparently, there are no serious allegations against them. Moreover, learned Adv. Mr. V.D. Hon, for the applicants, has also pointed out that the investigating agency has registered present offence under the above referred Sections, including Section 326 of IPC, whereas other offence registered i.e. Crime No. I-88/2011 arising out of the same incident, the investigating agency has registered the offence under Sections 143, 147, 149, 324, 323, 504 and 506 of IPC, but (5) not under Section 326 of IPC. Apart from that, considering the nature of accusations made against applicant nos.1 to 5 and applicant nos.7 to 10, they deserve grant of anticipatory bail. 8. In the result, the ad interim order passed by this Court dated 5th August 2011, in respect of applicant nos.1 to 5 and applicant nos.7 to 10 stands confirmed. However, they are directed to attend before the investigator, as when required in writing, till filing of the charge sheet, and cooperate in the investigation, and also they shall not influence upon prosecution witnesses and/or tamper with the prosecution evidence, in any manner, whatsoever, directly or indirectly. 9. However, application to the extent of applicant no.6, namely, Prakash s/o. Ramdas Shelke, as mentioned above, stands dismissed as withdrawn, and ad interim relief granted in his favour, by order of this Court dated 5th August 2011, stands vacated. 10. Present Criminal Application is allowed partly and disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE bgp/ka3425