FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3296 OF 2011 1. AMAR LAXMAN WARKARI 2. RUPESH MOTIRAM SATHE. VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Deshmukh S.S. APP for Respondent(s): Mrs. R.K.Ladda. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 26, 2011 ... 1. Perused the investigation papers, which were made available by the learned A.P.P. for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. The applicants have preferred present application seeking anticipatory bail, apprehending their arrest under Crime No.31/2008, registered at M.I.D.C.Police Station, Latur, District Latur, for the offences punishable under sections 395 r/w 34 of Indian Penal Code. 3.. It appears that offence has been registered on the basis of the complaint lodged by one Vijaykumar Pakash Dhumal FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders on 12.8.2008, in respect of the occurrence of the incident, at about 12.30 to 01.00 a.m in the night. On perusal of the contents of the said complaint, it appears that names of the applicant nos.1 and 2 have been reflected in the said complaint, who were allegedly present on the spot and allegedly torned cutout of Chhava Sanghatana, but there are no specific allegations against the applicants herein that they participated in the alleged assault upon the complainant. Moreover, no specific role/overt act has been attributed to them, in the said assault upon the complainant. 4. Besides the learned counsel for the applicants pointed out that the co-accused namely Bajirao Akurge, who allegedly assaulted the complainant by knife has been enlarged on bail by the Sessions Court, on 12.3.2008. 5. In the light of the aforesaid position, and considering the accusations made against the applicants, it is apparent that there is no necessity of custodial interrogation of the applicants and hence, present application deserves to be allowed. 6. In the result, present application is allowed it is directed that, in the event of arrest of the applicants no.1) Amar s/o Laxman Warkari and 2) Rupesh s/o Motiram Sathe under FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Crime No.31/2008, registered at MIDC Police Station, District Latur, they be released on bail, on furnishing P.R Bond in the sum of Rs.15,000/- each, with one surety in the like amount by each of them, on the following conditions :- i) The applicant nos. 1 and 2 shall give attendance before the concerned Investigator twice in a week i.e. on every Monday and Thursday between 05.00 p.m. to 07.00 p.m. till filing of the Charge sheet against the present applicants and shall cooperate in the investigation. ii] The applicant nos. 1 and 2 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 7. Present application stands disposed of finally. These observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) AAA/- ***