1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2281 OF 2010 1. Vikas S/o.Bhanudas Dhage, Age-21 years, Occu-Student, R/o.Ramnagar, Police Colony, Jalna, Dist. Jalna 2. Akash S/o.Bhanudas Dhage, Age-19 years, Occu-Student, R/o.As above, 3. Amol S/o.Surendra shrisundar, Minor, R/o.Hariprasadnagar, Beed Bye Pass Road, Tq. and Dist. Aurangabad. 4. Bhanudas S/o.Sakharam Dhage, Age-36 years, Occu-Service, R/o.Savli, Tq.Mantha, Dist. Jalna APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.Shaikh Ashpak Taher Patel, learned counsel for applicants. Mr.D.V.Tele, learned APP for State CORAM : A.V.POTDAR, J. DATE : 09/07/2010 PER COURT : 1. By the present application, the applicants have approached 2 this Court for their release on anticipatory bail in connection with CR No.139/2010, registered in Sadar Bazar, Jalna Police Station. 2. Heard learned counsel for applicants, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that on 25/06/2010, interim protection was granted only to applicant no.4. 4. It appears that the alleged offence came to be registered on the complaint of one Thomas Premanand about the incident occurred in the evening of 24/05/2010, at about 5.00 p.m. at the residence of his spouse. It is alleged that due to matrimonial dispute, his wife is not residing with him for considerable period. On receipt of message from his wife that now the mis-understanding is removed and she is willing to reside with him, and called to take her back. Under this pretext, complainant is called. When he reached at around 5.00 p.m. at the residence of his spouse, all the applicants started abusing and threatening of dire consequences of life. When he tried to run away from the clutches of applicants, first applicant chessed him and gave 3 blow on his head with iron rod in his hand. Due to this blow, he felled from his motor bike. At that time applicant no.3 & 4 also assaulted him. Due to that, he became unconscious. Later on somebody informed at his residence, accordingly his father and brother came at the spot, shifted him to the hospital, where he was treated for 2 days and after his discharge from the hospital, he lodged the complaint. 5. Considering the submissions across the bar, and on perusal of papers of investigation, particularly the FIR, considering the close relationship between the parties, there are no chances of mistaken identity and about the role played by the individual. One fact is clear that there is no overact attributed to applicant no.4, and it is tried to urge across the bar that at the material time, 4th applicant was on duty, which fact need not to be considered at this stage. 6. Papers of investigation shows that the incident occurred at 5.00 p.m. Medical papers shows that at 6.00 p.m., the complainant was admitted in the hospital and was medically examined. The probable age of the injuries shows that the injuries are fresh. Apart 4 from it, the injuries found on the organs of the complainant matches with the description given in the medical certificate of complainant. All these injuries clearly shows that they caused with hard and blunt object. The weapon used as per complaint is iron rod and it is hard and blunt object. As there are 26 stitches on his head, it indicates the seviourness of assault. Considering this aspect, no false implication of applicant no.1 to 3, hence not deserves for any leniency, but this is not the case of applicant no.4, hence the application require following order : O R D E R 1. Application is partly allowed. 2. Interim protection granted to applicant no.4 dated 25/06/2010, to continue till filing of the charge sheet. 3. Application in respect of applicant no.1 to 3 is hereby rejected. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2281-10