1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3525 OF 2009 Devidas S/o.Suryabhan Jogdand, and one another APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.A.R.Salve, h/f. Mr.R.B.Salve, learned counsel for applicants. Mr.N.B.Patil, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/01/2010 PER COURT : 1. By the present application, the applicants in CR No.46/2008, registered in Sadar Bazar Police Station, Jalna have approached this Court for their release on anticipatory bail in connection with the offence which is punishable u/s. 143, 147, 148, 149, 324, 332, 323, 353 of 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 as already the charge sheet is filed in this case wherein both these applicants were shown as absconded. 2 3. Contents of the FIR discloses that the complaint came to be lodged by one Pandit, who is working as Police Head Constable and was attached to Sadar Bazar Police Station. The complaint further discloses that the complainant was investigating the complaint lodged in the police station by one Sayyed Irfan when the complainant alongwith the other police officials visited the place of investigation, there was mob, who attacked on these police staff, while they were discharging their duties. The complaint as well as the statement of the eye witnesses recorded during the investigation revealed that these applicants were the members of that unlawful assembly. Applicant no.1 was holding iron rod while applicant no.2 was holding stick in his hand. Even though Section 307 was added, later on the said section was deleted, that does not mean that these applicants are free to attack on the police when they are investigating the offence. Apparently, there is involvement of both these applicants who are avoiding their arrest since more than 1 year 9 months. No case made out to enlarge the applicant accused in the event of their arrest. As there is prima facie case against these applicants. Application sans any merit, hence rejected. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.3525-09