1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1225 OF 2010 Jalindar Kalu Pawar ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.N.B.Narwade, Advocate for applicant. Mr.K.S. Patil, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 20th April, 2010. PER COURT : 1. Heard Mr.N.B. Narwade, learned counsel for applicant and Mr.K.S. Patil, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking anticipatory bail apprehending his arrest under C.R. No.I-82/2010 registered with Pathardi police station, Dist.Ahmednagar for the offences punishable under Sections 436, 504, 506 of the Indian Penal Code. 2 3. It appears that offence has been registered on the complaint lodged by complainant namely Rajendra Digamber Pawar on 13th March, 2010. It is alleged in the said complaint that the complainant herein carries on the business of grocery shop near Gram Panchayat office and on 25.01.2010, he did the business of grocery in his shop for whole day and closed the shop at about 07.30 p.m. and went to his home and after taking dinner he slept. However, at about 11.30 p.m. there was chaos in the village, therefore, he woke up and came on the road and noticed fire on his shop and hence, the complainant rushed to the shop and opened the lock thereof and lifted shutter and tried to extinguish the fire with nearby persons assembled there. Thereafter, the complainant made telephone call to the Police Station in that respect, and accordingly, Police Personnel arrived there and took survey of the situation. On the next day i.e. on 26.01.2010, the complainant approached to the Police Station and lodged necessary complaint in respect of burning of his shop in the aforesaid incident. It appears that after two to three days during the course of enquiry, it was revealed that the persons namely 3 (i) Asaram Pawar, (ii) Ganesh Pawar, (iii) Nilesh Pawar, and (iv) brother of Babasaheb Pawar namely Jalindar Kalu Pawar i.e. applicant herein and (v) Dnyneshawar Dhondiram Pawar had sat behind shop of complainant having fire there and applicant herein threw burning cardboard towards the shop of the complainant. Hence, it is alleged that the meeting of respectable persons of village was conducted and applicant herein accepted his aforesaid act and assured the complainant to pay compensation of Rs. 40,000/- in presence of panchas. The grievance of the complainant is that applicant herein did not pay the said amount of compensation to the complainant within a period of 15 days and when the complainant asked about the said amount, applicant gave evasive replies and abused him and threatened him. 4. On the aforesaid position, applicant has deposited the amount of Rs.40,000/- in this Court today i.e. on 20.04.2010 under R-18701 dated 20.04.2010 and hence, in the light of the said fact, apparently, there is no necessity of custodial interrogation of applicant and the present application deserves to be allowed and it is directed that in the event of arrest of applicant 4 under C.R. No.I-82/2010 registered with Pathardi Police Station for the offences punishable under Sections 436, 504, 506 of the Indian Penal Code, applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the following condition : (a) The applicant shall attend the concerned Police Station as and when required on given written intimation till the filing of charge sheet and shall co-operate with the investigation. (b) The applicant shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. 5. Payment of the aforesaid deposit of amount of Rs. 40,000/- shall depend upon fate of the trial and said amount of Rs.40,000/- be invested in State Bank of Hyderabad in fixed deposit for a period of one year and the said fixed deposit be renewed for further period of one year successively as and when required. 6. These observations are prima facie observations and shall be restricted to this order only and shall 5 not be used in any other matter while deciding it on merits. This order shall be in force till filing of the charge sheet. (SHRIHARI P. DAVARE) JUDGE gas/cri1225.10