( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3049 OF 2010 Altaf Pir Mohammed Sayyed & others APPLICANTS VERSUS The State of Maharashtra and another RESPONDENTS .... Smt. Sadhana Jadhav, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 24th August, 2010] PER COURT : 1. By this application, the applicants are seeking directions under section 438 of the Criminal Procedure Code. 2. The F.I.R. is lodged by one Fatemabi, who is the wife of applicant No.1 – Altaf Sayyed. According to the complainant, the applicants were ill-treating her. She was subjected to matrimonial cruelty due to her failure to fetch amount of rupees one (1) lac from her father. She was eventually ousted from the matrimonial home. At the relevant time, she was residing with her parents. The F.I.R. purports to show that on 5th July, 2010, she was driven out of the ( 2 ) matrimonial house. On the very next day, the applicants visited her parents’ house. They allegedly assaulted her. The F.I.R. purports to show that applicant No. 2 – Ashpaq assaulted her elder brother by name Chand Osman with a knife whereas the applicant No. 1 – Altaf assaulted him by means of iron rod. 3. The counsel for the applicants would submit that the injury certificate does not corroborate case of the prosecution because there was only an abrasion and blunt trauma on person of Shaikh Firaj Yasin and one contused lacerated wound on person of Chand Osman besides one blunt trauma. It is further pointed out that Shaikh Amir Usman had received simple injuries. As against this, the learned APP points out that during the investigation, it has been found that Shaikh Dastagir Osman was immediately admitted in the private hospital. The Medical Practitioner noticed a grievous head injury on person of Shaikh Dastagir Osman. The C.T. Scan report also corroborates such injury certificate. 4. Considering the nature of allegations and the nature of injuries, it is amply clear that the applicants No. 1 and 2 are prima facie involved in the alleged incident of the assault which occurred inside and outside the house of parents ( 3 ) of the complainant. It cannot be said that the complaint is ill-motivated and totally false. The F.I.R., however, shows that there are general allegations made against the applicants No. 3 and 4. The said applicants are women. One cannot exclude possibility of roping them alongwith the first two (2) accused/applicants, though have not used any dangerous weapon and might have been present at the relevant time. 5. Considering the reasons discussed hereinabove, the application is partly allowed, to the extent of applicants No. 3 and 4. They are directed to be released on bail, in the event of their arrest, if they will furnish bail bonds in sum of Rs. 20,000/- each alongwith surety bond before the arresting officer. The application of applicants No. 1 and 2 i.e. Altaf Sayyed and Ashpaq Sayyed is rejected. [V.R. KINGAONKAR] JUDGE NPJ/criapln3049-10 ( 4 )