1 Cri.A.2838.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2838 OF 2011 1. Pandurang S/o Maroti Malgunde, 2. Bhagubai W/o Pandurang Malgunde, 3.` Bebibai d/o Pandurang Malgunde, 4. Madhukar S/o Pandurang Malgunde, 5. Sudhakar S/o Pandurang Malgunde, All R/o Durgaswangi Tq. & District Hingoli. ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Mrs. M.A.Kulkarni, Advocate for Applicants. Mr. G.R.Ingole, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 15TH JULY, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No. 27 of 2011, registered in Basamba Police Station, Hingoli, for offence punishable under sections 394, 326, 342 read with section 34 of the Indian Penal Code. 2 Cri.A.2838.11 Papers of investigation were made available by APP. Both sides are heard. 2. The crime is registered on the basis of report given by one Shivaji Taterao Jamdad. He has made allegation that incident took place on 26.02.2011. He has made allegation that all present applicants intercepted him when he was returning to his house and picked up quarrel with him. He has made allegation that applicant NO.3 Bebi snatched ornaments from his wife and applicant NO.4-Madhukar took Rs.4000/- from his pocket and beating was given to him. He has contended that due to this incident his wife is suffering physically and mentally. In response to the incident report was given to the Police on 2.03.2011. 3. Advocate for the applicant submitted that on 04.03.2011 applicant NO.3 Bebi had given report against the present complainant and on that basis crime for the offence punishable under sections 354, 448, 323, 504 294 of the Indian Penal Code came to be registered. In the subsequent report, given by Bebi, she has made allegation that incident took place on same day i.e. on the date of present incident. 4. In view of aforesaid circumstances and as there are no specific allegations against applicant No. 1 Pandurang Maroti Malgunde, Applicant 3 Cri.A.2838.11 NO.2-Bhagubai W/o Pandurang Malgunde and applicant NO.5 Sudhakar Pandurang Malgunde relief of anticipatory bail can be given to them. The relief of ad-interim anticipatory bail was already given to them. As there are specific allegations against applicant Nos. 3 and 4 for the offence punishable under section 394 of the Indian Penal Code, relief of anticipatory bail cannot be given to them. The circumstance that, report was given late cannot be considered at this stage. So, the application in respect of applicant Nos. 3 and 4 stands rejected. Application in respect of applicant Nos. 1, 2 and 5 is allowed and relief of anticipatory bail granted earlier in their favour is confirmed. Sd/- [ T.V.NALAWADE, J.] MTK