1 criapln2637-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2637 OF 2011 1] Tanaji S/o Sahebrao Darade 2] Bhaskar S/o Sahebrao Darade 3] Sambhaji S/o Sopanrao Darade .. APPLICANTS Vs 1] The State of Maha. 2] The Dist.Supdt. of Police Ahmednagar .. RESPONDENTS ... Shri V.D.Sapkar, Adv.for applicants. Shri G.R.Ingole,APP for R-State. ... CRIMINAL APPLICATION NO.2709/2011 1] Ram S/o Asaram Darade 2] Kailas S/o Popat Dole 3] Mahesh S/o Maden Dole 4] Vilas s/o Popat Dole 5] Madhav S/o Jagnnath Darade .. APPLICANTS VS 1] The State of Maha 2] The Police Inspector Sonai Police Station, Tq.Newasa,Dist.Ahmednagar. .. RESPONDENTS ... Shri S.G.Jadhavar,Adv.for applicants. Shri G.R.Ingole,APP for State. 2 criapln2637-11 CORAM : T.V.NALAWADE,J. DATE : 14/07/2011 ORAL ORDER: 1] Both these applications are filed for anticipatory bail. The first application is filed for anticipatory bail in Crime No.71/11 registered in Sonai police station, Tq.Newasa, Dist.Ahmednagar for offences punishable u/ss. 143, 147, 148, 149, 323, 504 and 506 of I.P.C. and U/s 3 r.w. 25 of the Arms Act. The second application is filed for anticipatory bail in Crime No.70/11 registered in Sonai police station, Tq.Newasa, Dist.Ahmednagar for offences punishable u/ss. 143, 147, 148, 149, 323, 504 and 506 of I.P.C. and U/s 3 r.w. 25 of the Arms Act. Papers of investigation were made available by A.P.P. Both sides are heard. 2] The incident took place on 12/6/11 at about 12 noon in Crime No.71/11. Allegations are made by complainant Mandabai Darade against applicants of first proceeding that all the applicants came there with weapons like chopper, axe and pistol and they started quarreling on the ground that the family of the complainant had caused damage to the common bandh of the agricultural land. She made allegations 3 criapln2637-11 that applicant Sambhaji Darade showed axe, Bhaskar showed chopper and Tanaji showed her pistol and they gave her beating and beating was also given to her husband. Beating was however given with sticks according to her. A.P.P. submitted that no injury certificates are there. 3] In Crime No.70/11, Ujwala has made allegations against applicants of the second proceeding that on 13/6/11, when she was in the field and when the applicant Ramu Darade started causing damage to common bandh to the field, she requested him not to do so and then the incident started. She has contended that after 2 p.m. Ramu Darade and relatives came there with weapons like sticks, chopper, sword and iron bar and Mahesh Dole was holding a gun. She made allegation that these weapons were shown to her and Deepak Dole gave a blow of handle of spade on her head and her son Tanaji was assaulted by using bar and her husband was assaulted by Ramu with kicks and fist blows. Asaram was holding sticks. She made allegations against Mahesh that he showed gun to Tanaji and gave threat of life. Injury certificate is not there. 4] The aforesaid circumstances show that there is dispute between the two families over a common bandh. There is possibility of exaggeration that the other side had come with fire arms like pistol and gun. It is unfortunate that both families had sent lady members to the 4 criapln2637-11 police station to lodge report. In view of aforesaid circumstances, this Court holds that subject to some conditions, bail can be granted even though weapons were there but they were not used and those can be recovered by imposing some condition against some applicants to attend police station for the purpose of interrogation. 5] In the result, Application No,2637/11 is allowed. In the event of their arrest, in Crime No.71/11 registered in Sonai police station, Tq.Newasa, Dist.Ahmednagar for offences punishable u/ss. 143, 147, 148, 149, 323, 504 and 506 of I.P.C. and U/s 3 r.w. 25 of the Arms Act. the applicants are to be released on bail on their furnishing P.R. and S.B. of Rs.15,000/- each. They shall not tamper with prosecution witnessess. They shall not commit similar offence and they shall cooperate with investigating agency during investigation. Applicants Sambhaji, Bhaskar and Tanaji are to attend the concerned police station on coming 2 Sundays between 9 a.m. and 12 noon for the purpose of interrogation. If these applicants commit similar offence, anticipatory bail is liable to be canceled. 6] Application No. 2709/11 is allowed. In the event of their arrest, in Crime No.70/11 registered in Sonai police station, Tq.Newasa, Dist.Ahmednagar for offences punishable u/ss. 143, 147, 148, 149, 323, 504 and 506 of I.P.C. and U/s 3 r.w. 25 of the Arms Act. the applicants are to be released on bail on their furnishing P.R. and S.B. 5 criapln2637-11 of Rs.15,000/- each. They shall not tamper with prosecution witnessess. They shall not commit similar offence and they shall cooperate with investigating agency during investigation. Applicants Ram Darade, Kailas Dole, Mahesh Dole and Madhav Darade are to attend the concerned police station on coming 2 Sundays between 9 a.m. and 12 noon for the purpose of interrogation. If these applicants commit similar offence, anticipatory bail is liable to be canceled. [T.V.NALAWADE,J.] umg/criapln2637-11