1 Cri.A.5071.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5071 OF 2011 1] Kunal Gulab Pawar, 2] Prakash Pandurang Ahire 3] Avinash Nimba Kharat 4] Ajay Haridas Chavan 5] Gyansagar @ Nana Vitthal Salve 6] Bhupendra @ Bhupesh Ashok More 7] Kalyan Mangu Garud 8] Heman Gulabrao Pawar 9] Nilesh Raju Devare 10] Bapu Dattu Ahire 11] Deepa Pahalwan @ Deepak Motiram Chavan 12] Nana Raju Ahire ( Devare ) 13] Rakesh Rupchand Ahire 14] Dinesh Pandurang Ahire 15] Pintu Manik Pagare 16] Manoj Dilip Wadile 17] Pappu @ Dhiraj Sanjay Pagare 18] Aakash Manoj Devare ( Ahire ) 19] Yogesh Pandurang Ahire All R/o Gaikwad Chowk, Old Dhule, Tq. And Dist.Dhule. ...APPLICANTS. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.A.B.Girase, Advocate for Applicants. Shri.B.J.Sonwane, A.P.P. for Respondent-State. ... CORAM: R.Y.GANOO, J. DATE : 13.12.2011. 2 Cri.A.5071.11 PER COURT : 1. Heard learned counsel on both sides. 2. Out of so many applicants, in Criminal Application No. 5071 of 2011, the application has become infructuous so far as applicant Nos.1 to 4 and 17, since they have been arrested. 3. I have perused the police papers as well as FIR. Perusal of FIR in regard to Crime No. 151 of 2011, registered with Azadnagar Police Station, Dhule, it is mentioned that as many as 20 persons entered the house of the complainant and except one Mr. Garud all of them were armed with iron bars, sword or Tommy, as the case may be. Mr. Garud was armed with "Danda". The FIR indicates that Kunal Gulab Pawar and Prakash Pandurang Ahire assaulted said Mr. Deva Sonnar, the complainant, with fist and kick blows. FIR also mentions that one assailant by name Deepak assaulted the complainant with iron Tommy on the left shoulder. It is mentioned in the FIR that chain of weighing 3 Cri.A.5071.11 20 grams was snatched from the neck of the complainant. At the relevant time applicant Nilesh Devare, Bapu Ahire, Deepak and Yogesh had caught hold the present complainant. In substance reading of the FIR would go to show that commotion had taken place at the house of complainant and it was not a ordinary incident, where one man assaulted and assailants left. 4. Learned APP has filed report submitted by Ahmednagar Police Station. In the report it is mentioned that the complainant Mr. Deva Sonnar was not sent for medical examination and Injury Certificate is not produced. Learned APP Mr. Sonwane had submitted that there are eye witnesses to the incident and their word is required to be accepted against the present applicants. 5. It is required to be noted that though the incident is of 06.10.2011, the FIR is filed by Mr. Deva Sonnar on 09.10.2011. No satisfactory explanation is mentioned in the body of FIR. 4 Cri.A.5071.11 Investigating Agency did not send Mr. Deva Sonnar for medical examination, for the reasons best known to them. In absence of medical certificate, it would be difficult to accept the case of the persecution that Mr. Deva Sonnar was brutally assaulted by iron tommy. Perusal of FIR would go to show that not only Mr, Deva was assaulted but his chain was snatched. In the normal case there should have been some kind of injury on the neck, on account of snatching of chain. That injury is not reflected in the investigation. 6. Learned Advocate Mr. Girase appearing on behalf of the applicants submitted that on the night of 06.10.20.11 itself two events had taken place, where the complainant Mr. Deva and his party were assaulted by various persons who are named in FIR No. 151 of 2011, and FIR No. 151 of 2011 was filed so as to retort the present applicant. Mr. Girase, learned counsel had submitted that Crime No. 151 of 2011 is filed to frame the event which had not taken place at all. 5 Cri.A.5071.11 If Mr. Deva suffered injury on account of assault by iron tommy he would have shown those injuries to the Investigating Officer at the Police Station, when he had gone to file report. At the relevant time police would have sent him for medical examination and got medical certificate. Learned APP Mr. Sonwane upon instructions submitted that after filing of the FIR by Mr. Deva, he was not sent for medical examination as he was absconding. This contention is required to be rejected as it was possible for police to send Deva for medical examination and treatment after receiving FIR. The Investigation Agency has admitted in its report dated 30.11.2011 that Deva was not sent for medical examination. All these factors create a serious doubt about whole incident itself. The investigation Agency has not produced any certificate showing that any other person from side of Mr. Deva got injured. 7. For the reasons mentioned aforesaid, I am inclined to grant anticipatory bail to the 6 Cri.A.5071.11 applicants. Hence, following order is passed. (i) The application is rejected so far as applicant Nos. 1 to 4 and 17 as all these applicants have since been arrested. (ii) The applicant Nos. 5 to 16, 18 and 19 are granted anticipatory bail that is to say in the event of arrest any of the aforesaid applicant in Crime No. 151 of 2011 registered with Azadnagar Police Station, Dhule, the said applicant be released on bail in the sum of Rs.10,000/- (Rupees Ten Thousand)with one surety in the like amount. The said applicant shall execute P.R. bond of sum of Rs.10,000/-(Rupees Ten Thousand). (ii) The applicant Nos. 5 to 16, 18 7 Cri.A.5071.11 and 19 shall report to the concerned Police Station firstly on 19.12.2011 and thereafter as and when called for. . The Criminal Application stands disposed of in the above terms accordingly. Sd/- [ R.Y.GANOO, J. ] MTK 8 Cri.A.5071.11