1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4273 OF 2009 1. Sanjay S/o.Madhukarrao Sisode, Age-53 years, Occu-Agriculturist, R/o.Nardana, Tq.Sindkheda, Dist. Dhule 2. Piran S/o.Bhavrao Sisode, Age-54 years, Occu-Agriculturist, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 3. Naresh S/o.Zaverilal Bothra (Jain) Age-39 years, Occu-Business, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 4. Dilipkumar Zaverilal Bothra (Jain) Age-45 years, Occu-Business, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 5. Upendra Prabhakarrao Sisode, Age-42 years, Occu-Agriculturist, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 6. Ravindra Nilkanth Borse, Age-36 years, Occu-Agriculturist, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 7. Yuvraj S/o.Natthu Kapdane, Age-43 years, Occu-Agriculturist, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 2 8. Girish S/o.Piran Sisode, Age-24 years, Occu-Student, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 9. Satish S/o.Jijabrao Sisode, Age-25 years, Occu-Education, R/o.Nardana, Tq.Sindkheda, Dist. Dhule. 10. Ajay S/o.Piran Sisode, Age-28 years, Occu-Service, R/o.Badgujar Colony, Dhule, Tq. And Dist. Dhule. 11. Ajay @ Bhura Premraj Bhamre, Age-26 years, Occu-Student, R/o.Pimpral, Tq. Sindkheda, Dist. Dhule. APPLICANTS VERSUS 1. The State of Maharashtra, Through Police Inspector, Nardana Police Station, Tq.Sindkheda, Dist. Dhule 2. The District Superintendent of Police, Dhule, Dist. Dhule. RESPONDENTS Mr.R.N.Dhorde, h/f. Mr.K.B.Autade, learned counsel for applicants. Mr.B.J.Sonwane, learned counsel for respondents. (CORAM : A.V.POTDAR, J.) DATE : 08/12/2009 3 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.64/2009, registered in Nardana Police Station of District Dhule for the alleged offence u/s. 395, 143, 147, 148, 149, 452, 323, 504, 506 and 427 of The IPC. 2. Heard learned counsel appearing for the applicants followed by the submissions of Learned APP appearing for the State. Also perused the papers of investigation till carried out. 3. It appears from the papers of investigation that this offence vide CR No.64/2009, registered in Nardana Police Station on 14/11/2009 on the complaint lodged by Rajendra Khemchand Bafna which complaint came to be lodged as per the timing given in the format of FIR u/s. 154 of Cr.P.C at about 5.30 p.m. and allegation is made against these applicants that they were the members of unlawful assembly, they forcibly entered in the shop, damaged the material of the shop and brutally assaulted the complainant and his brother and requested to refer them to the medical hospital for treatment, as there is danger to their life. According to learned counsel appearing for applicants that this complaint is the offshoot of the complaint lodged by Sanjay Sisode as he has lodged the complaint in the same police station and was registered under CR No. 63/2009 against the same complainant. According to learned counsel appearing for applicants that the complainant in CR No. 4 64/2009 is known for blackmailing the others on one or other count and also demanded ransom of Rs.50,000/- from this applicant on the ground that the land which they have received in exchange was allotted to PHC centre and according to the complainant, this is nothing but a transaction of grabbing of landed property of the Government and if this applicant will not pay the ransom in the sum of Rs.50,000/-, he will raise voice against the acts of the applicant herein by publishing news in the newspaper and accordingly he published it. According to the applicant herein, to give a counter blast to the complaint lodged by them, they are implicated in the false complaint lodged in which they are seeking anticipatory bail. 4. The application is vehemently opposed by learned APP appearing for State. According to him, not only the name of some of the applicants appearing in the FIR which is in the form of an application addressed to the Supdt. of Police discloses the role played by them. He further submitted that the complainant and his brother were referred for medical treatment as they have sustained grevious injury like a fracture to the nostril and the chick bones and were treated there. In the premise, no case made out to enlarge this applicant on anticipatory bail. 5. On perusal of the papers of investigation till carried out, it is a fact that the complainant was admitted in the hospital and was taking a treatment in the hospital. The papers of admission of the complainant in the hospital are tagged with the papers of 5 investigation placed in my hand at the time of submissions across the bar. It is to be noted that this treatment was given in General Hospital, at Dhule and it is informed to me that this Dhule is at the distance of 33kms from Nardana. The allegations made in the complaint CR No.64/2009 that the alleged incident occurred at about 3.00 to 3.30 p.m. at Nardana. On careful perusal of the medical certificate, which is issued by the Hospital at Dhule at about 3.15 p.m. If the incident occurred in between 3.00 to 3.30 p.m. of which the complaint is lodged at 5.30 p.m., and thereafter if according to the story of the complainant, he was referred for medical treatment, then at any stretch of imagination, at 3.15 p.m., this complainant might not have been treated in the Dhule Hospital. There is smell of foul play in the lodging of complaint as well as the papers of medical treatment placed in my hand. A case is made out to exercise the discretion u/s.438 of Cr.P.C as these documents create a doubt. In the premise, the application deserves following order : O R D E R 1. Application is allowed. 2. In the event of arrest of these applicants in connection with CR No.64/2009, registered in Nardana Police Station of Dist. Dhule, they be released on bail on furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. 3. This protection is given for the period of 6 weeks. Within meantime, applicants may apply for regular bail before the competent court of Law. 4. After released on bail in case of their arrest in connection with 6 this offence, the applicants not to leave the local jurisdiction of Nardana without previous permission in writing from the concerned Investigation Officer and to co-operate the investigation process and to attend the police station whenever called for interrogation. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4273-09