IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 3061 OF 2009 Durjan Namdeo Bhoir & ors........ Applicants versus State of Maharashtra ........Respondent. Mr. H.S. Deshpande adv. For the Applicants Mr. H.J. Dedhia APP For the Respondent Mr. M.J. Bhatt for the intervener. CORAM: A. P DESHPANDE, J. DATED : 20th July, 2009. P. C.: 1. By consent of the learned A.P.P. the criminal application is taken up for final hearing and disposal. Heard Mr. Bhatt the counsel appearing for intervener Hardas Bhoir. 2. The present applicants apprehending arrest by Narpoli Police in C.R. No. I-164/09 registered pursuant to the complaint dated 19-6-2009 for offences under sections 143, 147, 148, 149, 323, 326 and 504 of IPC and under sections 37(1)(3) and 135 of Bombay Police Act, moved this application for anticipatory bail. Perusal of the complaint/FIR by one Manilal T. Patil dated 19-4-2009 reveals that the complainant along with Kapil, Satish and Sangram had been to Mankoli Naka by car, at which point of time as Kapil had received a mobile call, he got down from the car and was talking on the mobile. At that time Haresh Bhoir and Vishal Bhor reached on the spot by hurling abuse against the complainant and others. Haresh had a broken piece of marble with him whereas Vishal had a bamboo. Vishal assaulted Kapil by giving a blow by bamboo and on account of the bamboo blow on the head, Kapil fell down oozing blood. It is also mentioned that Vishal had assaulted Haridas Bhoir by hitting him on the head. He too fell down because of the injury. It is further stated that Haresh assaulted the complainant, Satish and Sangram with broken Marble piece. Thereafter the present applicants are said to have arrived at the scene in Scorpio and zen car and they also assaulted the complainant, Satish and Sangram. Perusal of the complaint clearly shows that it does not attribute any specific overt act which could connect the applicant to the injuries sustained by the victim prima facie. The complainant Santosh and Sangram have suffered simple injuries is not in dispute. Grievous hurt has been caused on account of the assult on Haridas Bhor and Kapil Patil and the applicants had not arrived on the scene by then. 3. The learned counsel for the applicants has submitted that the applicant no.1 is employed as a school teacher and is working in Anjur vidya pandir at Anjur whereas the applicant no.2 Santosh Bhoir is sarpanch of the village Vehele and the third applicant is also gainfully employed and is in service as a textile engineer in M/s. Shankar Dyeing. The submission is that there is no chance of any of the applicants fleeing from justice. The applicant nos. 1 and 3 are in the employment whereas the applicant no.2 is a permanent resident of the village and presently is a sarpanch. It is also pointed out that in the complaint a well secondary roll is attributed to the applicants. The applicants are ready and willing to abide by whatever terms that are imposed. Having regard to the facts and circumstances of the present case I deem it appropriate to grant anticipatory bail to the applicant. In the result I pass the following order. 4. In the event of arrest of the applicants or any of them in C.R. No.1-64/09 for offences under sections 143, 147, 147, 148, 323 326 and 504 of IPC and under section 37(1)(3) and 135 of B.P.Act they/he shall be released on furnishing personal bond in the sum of Rs. 25,000/- each together with one or more sureties in the like amount and further subject to the condition that none of the applicant shall enter the village Vehele till the filing of the charge sheet. They shall intimate their new address to the I.O. within a period of seven days from today. 5. The applicants shall attend the police station Narkoli daily for a period of 15 days from today in between 5 to 7 p.m. and thereafter once in a week till filing of the charge sheet. The applicants shall also abide by the conditions stipulated in sec. 438(2) of Cr.P.C. (A. P. Deshpande, J.)