1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2973 OF 2010 Himmat S/o.Rustumrao Maske and others APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.B.N.Sharma h/f. Mr.S.B.Talekar, learned counsel for applicants. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/08/2010 PER COURT : 1. By the present application, the applicants are before this Court to pray for their release on anticipatory bail, in the event of their arrest in connection with CR No.45/2010, registered in Basamba Police station, Dist. Hingoli. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. The said offence came to be registered on the complaint of one Gangadhar Torkar, about the incident of 31/05/2010, which took place at about 9.00 a.m. to 9.30 a.m., when they were proceeding to Hingoli from Parada on their motor bike. It is alleged that these 2 applicants and others intercepted their bike and at that time, the they were armed with deadly weapons. One Gopurao kicked the bike of complainant. Due to that complainant and his son fall on the road. At that time, applicant no.2 Shivaji assaulted son of the complainant, and applicant no.1 also assaulted him with stick in his hand. Complainant was treated in the hospital for about 10 days and had sustained injuries on his head. Son of the complainant even though sustained simple injuries, but names of these applicants as well as role attributed to them is particularly mentioned in the complaint. Thus, one fact is clear that due to acquaintance of applicants and complainant, there shall not any mistaken identity. 4. In this connection, now the motive behind this assault require to be considered. It is stated in the complaint that somewhere in the year 2007, father of the complainant was killed by these applicants and others, in which case was registered and now it is pending for evidence in the Sessions Court. The complainant and his son Gajajnan are eye witnesses/material witnesses in that session trial, in which life of the applicants is at stake and as the complainant and his son are going to give evidence against these applicants. Considering this motive behind the crime and particular role played by these applicants, no case is made out to enlarge them on anticipatory bail. Application is sans any merit, hence rejected. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2973-10