1 criapln3128-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3128 OF 2011 1] Ashok S/o Khandu Zite .. APPLICANT Vs 1] The State of Maha. 2] The Superintendent of Police Ahmednagar ...RESPONDENTS ... CRIMINAL APPLICATION NO.3129/2011 1] Babaji Saju Zite 2] Khandu Saju Zite 3] Vitthal Khandu Zite. .. APPLICANTS VERSUS 1] The State of Maha. 2] The Superintendent of Police Ahmednagar ...RESPONDENTS ... Shri R.K.Temkar, Adv.for applicants. Shri B.J.Sonawane,APP for R-State. ... 2 criapln3128-2011 CORAM : T.V.NALAWADE,J. DATE : 04/08/2011 ORAL ORDER: 1] Both the applications are filed for anticipatory bail in Crime No. 27/11 registered in Ghargaon police station, Tq.Sangamner, Dist.Ahmednagar for offences punishable u/ss. 143, 147, 148, 149, 323, 325, 326, 504, 506 r.w. 34 of I.P.C. and u/s 37 (3) (1) of Bombay Police Act. Papers of investigation were made available. Both sides are heard. 2] The incident took place on 24/3/11. Complainant has made allegations that when he questioned the applicants as to why they were ploughing forest land, he was assaulted. Allegations are made against applicant Khandu that he used axe against wife of complainant. Injury certificate shows that she sustained fracture injury to left hand and she was admitted in private hospital for few days. The record shows that applicant no.1 of the second proceeding Babaji had given report in respect of same incident against complainant and so he admits his presence. He also used weapon bar in the assault and he caused injuries. 3 criapln3128-2011 3] Allegations against other applicants are vague in nature. Applicant from the first proceeding was in service at Palghar and he is shown to be resident of Tarapur MIDC, Tq. Palghar. Advocate of the applicants submitted that the complainant wanted to create road through the land of the applicants and due to that there is dispute. Some record is produced to show that the Mamlatdar has rejected application filed by the complainant in this regard. It was submitted that Babaji had also given report in respect of the same incident. In view of the police papers and the injury certificate, this Court holds that anticipatory bail can be granted to applicant from first proceeding and applicant no.3 from second proceeding. Advocate of the applicants submitted that he is not pressing application in respect of applicant nos.1 and 2 from second proceeding. So first application is allowed. Interim relief granted in favour of applicant in first proceeding is confirmed. 4] Application of applicant no.3 from second proceeding is allowed and the interim relief granted to him is confirmed. Application of applicant nos.1 and 2 from the second proceeding stands disposed of as not pressed. 5] Applicants to whom the relief is granted, are to attend the concerned police station on every Sunday between 9 a.m. and 12 p.m. for the purpose of interrogation for the period of 1 month. Other 4 criapln3128-2011 conditions are also to be followed which were imposed at the time of granting interim relief. [T.V.NALAWADE,J.] umg/criapln3128-11