{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2424 OF 2010 Raghunath s/o Poma Chavan Age-59 years, Occ-Retired Government Servant R/o Village Laul, Tq-Majalgaon, Dist-Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. P.M.Shinde, Advocate for the applicant Mr. D.V.Tele, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5th July 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with CR No.65/2010 registered with Majalgaon police station for an offence punishable u/s 304, 331, 324 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by learned APP for the State. Perused the papers of the investigation. {2} 3. It appears that the present complaint is lodged by PSI, Local Crime Branch, Aurangabad in respect of an incident dated 18th April 2008. It appears that one crime was registered at CR No. 92/2008 with Malegoan police station, Dist-Nashik for an offence punishable u/s 395 and 397 of the Indian Penal Code. This offence was registered against a known goon, Sarjerao Jadhav and his gang. It appears that some message was passed on by the Superintendent of Police, Nashik to Superintendent of Police, Beed to provide assistance to the squad from Nashik to search accused Sarja, as he was native of Telgaon, Tq-Majalgaon, Dist-Beed. Admittedly, the present applicant was attached to Yeola police station, Dist-Nashik at the relevant time and as per the directions of his superior officers he had participated in the combing operation, which was arranged with the cooperation of Beed and Nashik police, to trace out Sarjerao. It appears that in the morning of 18th April 2008 Sarja was caught by the police in combing operation, however as his condition was not well, he was referred to PHC, Majalgaon and thereafter to Civil Hospital, Beed, where he declared to be dead. It appears that thereafter, an ADR was registered at ADR No.9/2010 with Beed City Police Station. In the said combing operation officers from Majalgaon police station as well as officers from Malegoan police station had participated. As accused Sarja has died while in custody, an inquiry committee was appointed to enquire into his death. The said inquiry committee, exonerated all the police officers and staff who had participated in {3} the combing operation to arrest accused Sarja. The officers and staff from Majalgaon had moved anticipatory bail applications before this Court bearing No.1992/2010, 2219/2010, 2077/2010, 2078/2010, 2080/2010 and 2082/2010. For the reasons recorded in the common order dated 22.06.2010 all the applicants are released on anticipatory bail on the ground that as now they are transferred outside Majalgaon police station and as such there are no chances that they may interfere in the investigation. 4. It is brought to the notice of this Court that the the present applicant was attached to Yeola police station, Dist-Nashik at the relevant time and he had participated in the combing operation, however, at present he is not in service as he has stood retired on superannuation on 31.01.2010. The documents collected during the investigation are in possession of CID, who is now investigating the crime. As the present applicant is now stood retired from the service as police officer, there are no chances of the applicant tampering or interfering with the investigation. In the premise, case is made out to enlarge the applicant on bail in exercise of extra ordinary discretionary power vested in this Court. 5. In the result, the application is allowed. In the event of arrest of the applicant in connection with CR No.65/2010 registered with Majalgaon police station, he be released on bail on his furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. It is made clear that this protection is {4} granted till filing of the charge sheet. Applicant is directed to cooperate with the investigating agency and to attend the concerned police station as and when required by the IO concerned, on written intimation well in advance. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2424-10