{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2835 OF 2010 WITH CRIMINAL APPLICATION NO.2860 OF 2010 XXX --- XXX CRIMINAL APPLICATION NO.2835 OF 2010 Anant s/o Shankarrao Rashinkar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. N.S.Ghanekar, Advocate for the applicant Mr. P.P.More, APP for respondent State ....... WITH CRIMINAL APPLICATION NO.2860 OF 2010 Balu s/o Rajaram Gaikwad & other APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. A.S.More, Advocate for the applicants Mr. P.P.More, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] {2} DATE: 26th July 2010 PER COURT: 1. By the present criminal applications, the applicants have prayed to release them on bail in connection with CR No. 63/2010 registered with Paranda police station for an offence punishable u/s 395, 147, 149, 341, 323, 504, 506 of the Indian Penal Code, as the applicants are arrested on 29th and 30th June 2010. As both the applications arise out of same crime, they are being disposed of by this common order. 2. Heard learned counsel for the respective applicants followed by learned APP. Perused the papers of investigation. 3. The said offence is registered on the basis of complaint lodged by one Chandrakant Narute in respect of an incident dated 26th June 2010, which has occurred at about 4.30 p.m. The complaint discloses that the complainant along with his brother was proceeding to Barshi in a jeep, which was intercepted by a taxi near a bridge. It is further alleged that the applicants and one Purushottam Gaikwad alighted from the said taxi and said Purushottam demanded money from the complainant as the brother in law of the complainant has borrowed some money from said Purushottam. It is also alleged that the complainant had replied to said Purushottam to ask for the money from the person {3} to whom he has lend the same. It is alleged that on hearing this, said Purushottam snatched a gold locket and a golden ring from the person of the complainant and also snatched cash in the sum of Rs.5,000/-. It is alleged that the applicants have assaulted brother of the complainant with fists and kick blows. 4. It is contended on behalf of the applicants that there is delay in lodging the FIR as though the incident is allegedly occurred at 4.30 p.m. yet complaint in respect of the same is lodged at 9.00 p.m. in the Paranda police station, which is hardly 7 km. from the spot of the incident. Apart from it, it is contended that the applicant Anant is a practicing advocate and he had appeared in one matter against the complainant and hence to wreck out vengeance he is falsely implicated in the present case. So far as other applicants are concerned, it is contended that though all the applicants are in custody for more than 30 days, yet nothing incriminating is recovered at their instance. Therefore, it is urged that further custody of the applicants is not necessary, as the investigation is practically over. 5. From the papers of investigation, it appears that the facts disclosed in the complaint are corroborated by the eye witnesses, whose statements are recorded during the course of investigation, still fact remains that the overall effect of the allegations leveled against the present applicants by the complainant so also by the eye witnesses is that the same do not {4} disclose any overtact against the applicants, except that the applicants assaulted brother of the complainant with fists and kick blows. If it is so coupled with the fact that the applicants are in jail for more than 30 days, it is clear that further custody of the applicants is not necessary. 6. In the result, both the applications are allowed. All the applicants be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bonds in the like amount, if not required in any other offence. The applicants are directed not to contact or tamper with the prosecution witnesses. Both the applications stand disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2835-10