1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4013 OF 2010 1. Nawabkhan S/o.Jalalkhan Pathan, Age-26 years, Occu-Business, R/o.Pensionpura, Ambajogai, Tq.Ambajogai, Dist. Beed. 2. Noorkhan S/o.Jalalkhan Pathan, Age-34 years, Occu-Business, R/o. As above, 3. Jalalkhan S/o.Mansurkhan Pathan, Age-69 years, Occu-Business, R/o. above. 4. Harunkhan S/o.Mansurkhan Pathan, Age-50 years, Occu-Business, R/o.Sneh Nagar, Tq.Ambajogai, Dist.Beed APPLICANTS VERSUS 1. The state of Maharashtra, 2. The Police Inspector, Police Station (City) Ambajogai, Dist. Beed RESPONDENTS Mr.S.W.Mundhe, learned counsel for the applicants. Mr.B.V.Wagh, learned A.P.P. for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 25/10/2010 2 PER COURT : 1. By the present application, the applicants have approached this Court for their release on pre-arrest bail in connection with CR No.127/2010, registered in Ambajogai Police Station, dist. Beed, in which interim protection was granted to the applicants. 2. Heard learned counsel for applicants, and learned A.P.P. for State. 3. During the course of submissions across the bar, it is brought to our notice that on 25/08/2010, while applicant no.4 was proceeding from Kaikadi Lane, at about 2.30 to 3.00 p.m., he saw that applicant no.3 was assaulted by the complainant in CR No. 127/2010. When he tried to intervene the complainant, he was assaulted by the complainant and during that process he had sustained grevious injuries on his right thigh bone. At that time, he was admitted in the hospital and in the hospital, he had lodged CR No.126/2010. It is also brought to our notice that the application is moved for pre-arrest bail in CR No.127/2010, in which there are allegations that on the same day, at the same time, and at the same place, the alleged incident was occurred where the complainant was assaulted by these applicants with the deadly weapons on the ground that these applicants were not sending their niece to co-habit with the complainant and when questioned, the complainant was assaulted with the weight in his chest, and for that incident, he lodged the complaint in the same police station, but at about mid- 3 night. Papers of investigation do not indicate that immediately after the incident, complainant in CR No.127/2010 had approached to Police Station, from where he was referred for medical treatment, but it appears that initially he went to the hospital and thereafter, he lodged the complaint. Considering the timings in both the CR, possibility can not be rulled out that the counter cases to be filed against each other. Considering this aspect, the complaint filed by the present applicants is first in time, hence case is made out to release the applicants on pre-arrest bail, in the event of their arrest. Therefore application is allowed. Interim protection, granted earlier, to continue till filing of the charge sheet. In the meantime, applicants to give attendance in Ambajogai Police Station, whenever required on written requisition by the Investigation Officer concerned. Applicants, not to contact with prosecution witnesses. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/OCT. 2010/cri.appl.4013-10