1 criapln1413-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1413 OF 2011 1] Pandharinath s/o Dagadu Deshmukh 2] Dileep s/o Pandharinath Deshmukh 3] Prakash s/o Pandharinath Deshmukh 4] Ravindra s/o Pandharinath Deshmukh 5] Vijay @ Bhaia s/o Pandharinath Deshmukh 6] Bhika s/o Daga Gosavi 7] Bhausaheb s/o Daga Gosavi 8] Daga s/o Bhata Gosavi. .. APPLICANTS Vs 1] The State of Maha. 2] Shamsing s/o Ramdas Thakre .. RESPONDENTS ... Shri P.R.Patil,Adv. for applicants. Shri N.H.Borade,APP for R-State. Shri Dinesh C. Patankar,Adv.for R.2. ... CORAM : T.V.NALAWADE,J. DATE : 22/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.34/2011 registered in Dhondaicha police station, Dist.Dhule, for offences 2 criapln1413-11 punishable under Sections 395, 323, 504 and 506 of I.P.C. ,and also for offence punishable u/s 3(i) (x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The original complainant has appointed advocate Shri Patankar to assist the A.P.P. Papers of investigation were made available by A.P.P. Heard both sides. 2] The record of anticipatory bail application no.1304/11 is also tagged with this proceeding to show that in Crime No.33/11, which was registered on the basis of report given by the side of applicants for offence punishable under Section 395 of I.P.C., in which similar allegations were made, anticipatory bail is granted by this Court to the other side. 3] Crime is registered on the basis of report of one Shamsing Thakre that he had some dispute with Deputy Sarpanch Dilip Deshmukh as the working of village panchayat was not going on properly and there were problems in the village. He had attempted for calling gram sabha on 11/3/11 but it is his case that he did not attend the gram sabha. He has made allegations that on the same day at about 11.15 a.m., when he was present in the shop of one Bandu Marwadi, Deputy Sarpanch and other applicants obstructed him there. They assaulted him with sticks etc., and they took away cash amount of Rs.20000/- , one gold ring of 7 gms., and one gold chain of 10 gms. He has also made allegations that they gave abuses in the name of 3 criapln1413-11 his caste as “Bhiltya”. The report came to be given on 12/3/11. 4] It is the case of applicant no.1 that he is an old person and he was indoor patient in one hospital at Malegaon from 8/3/11 to 13/3/11 and his name is falsely given in the report. There is the record of applications and complaints given by 2 groups against each other. There is record to show that the village panchayat where the applicants have hold, had taken steps for removal of encroachment allegedly made by original complainant and resolution was also passed against him. The resolution was also to the effect that he was creating trouble in village and he was giving threats to involve the persons of opposite side under Atrocities Act. Such resolution was passed on 26/1/2008. There is further correspondence made with office of S.D.O. dated 5/5/08. The correspondence shows that the applicants side had opposed the appointment of the complainant on the post of police patil. The committee constituted for making the village litigation free, had also grievance against present complainant and they had also given report against him to the police. There is record in other proceedings to show that the complainants side had applied for disqualification of few members of village panchayat on the ground that they had not paid any taxes. On 11/3/11, Crime No.52/11 for offence punishable under Section 353, 149 etc. of I.P.C. was registered on the basis of report given by Gram sevak against side of the complainant. Allegations are made that he was obstructing gram 4 criapln1413-11 sevak while he was discharging public duty. In respect of incident of the same day, report was given by the side of the applicant for similar offences on 12/3/11 and it is already mentioned that anticipatory bail is granted to the persons of the complainants side in that crime by this Court. 5] Ad-interim relief was granted to the applicants by this Court. The aforesaid circumstances show that the real dispute is different though the allegations of offence under Atrocities Act are made. In these circumstances, this Court holds that it is fit case for grant of anticipatory bail. So ad-interim relief granted on 1/4/11 is confirmed. The applicants are to attend concerned police station on every Sunday between 9 a.m. and 12 p.m., for the period of 1 month and they are to cooperate the investigating agency during investigation. They are not to tamper with the prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln1413-11