1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1382 OF 2010 Lahu s/o Ganpati Borphale ...Applicant VERSUS The State of Maharashtra, through P.I. police station Nilanga, Taluka Nilanga, District Latur ...Respondent ..... Shri Shrikant S. Shinde, advocate for the applicant Shri DV.Tele, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 20th April, 2010 PER COURT : 1 Heard Shri Shrikant S. Shinde, advocate for the applicant and Shri DV.Tele, A.P.P. for the respondent. 2 This is an application preferred by applicant seeking anticipatory bail apprehending his arrest under CR No. 123 of 2009, registered at Nilanga police station, District Latur for the offence punishable under Sections 307, 341, 147, 148, 149, 324, 504 of the Indian Penal Code and under Section 135 of the Bombay Police Act.. 2 3 It appears that the offence has been registered on the complaint lodged by the complainant namely Govind Manik Sartape on 19.10.2009, alleging that on 19.10.2009 in the afternoon the complainant's brother namely Gajanan had been to the field and at that time the applicant herein, his sons and wife assaulted him on his hands. Thereafter injured Gajanan was taken to Nilanga police station for lodging complaint and he also was referred to Sub-District Hospital, Nilanga. While returning back to the village in the jeep, along with Dayanand Sartape and Dattu Ghadge, when they came in front of the house of the applicant, on the way, their jeep was obstructed by the applicant and other co-accused Ankush, Ramesh, Pintu, Satish, Shivaji and Bhagwat and they started assaulting the persons in the jeep. During the occurrence of the said incident, it is alleged that the applicant herein assaulted the complainant Govind by means of stick on his head. Thereafter the assailants including the applicant fled away. 4 On the afore said background, learned counsel for the applicant submitted that the complainant Govind has tendered a notarised document to the P.S.I., Nilanga police station in November, 2009, contending that there was darkness at the time of occurrence of the incident, and therefore, he could not see the faces of the said assailants and he lodged the complaint on hear say information against the applicant and co-accused. Hence, learned counsel for the applicant submitted that in the light of the contents of the said application, the 3 applicant is entitled for anticipatory bail. Learned counsel for the applicant also canvassed that the cross complaint bearing C.R. No. 124 of 2009 also has been filed by the applicant against the complainant and other ten co-accused on 20.10.2009 for the offence punishable under Sections 307, 341, 147, 148, 149, 324 and 504 of the Indian Penal Code and same is pending. Learned counsel for the applicant submitted that the applicant would attend the concerned police station and cooperate in the investigation, if present application is allowed. 5 Learned A.P.P. opposed the present application vehemently and submitted that in all 7 persons were injured during the afore said occurrence of the incident and the complainant Govind sustained head injuries, although those are simple in nature. Learned A.P.P. also urged that there are several eye witnesses to the occurrence of the incident, whose statements have been recorded during the course of investigation. The said statements of eye witnesses connect the applicant with the alleged crime. It is also submitted that the stick allegedly used by the applicant during the assault upon the complainant is yet to be recovered, and therefore, it is submitted that custodial interrogation of the applicant is necessary, and therefore, present application deserves to be rejected. 6 On perusal of the investigation papers and after considering the rival submissions advanced by the learned counsel for the respective parties, at the out set, it is apparent that there are cross 4 complaints filed by the complainant and the applicant against each other. As regards the present complaint, it appears that the specific role has been attributed to the applicant, as well as overt act in respect of applicant during the occurrence of the incident has been spelt out in the contents of the complaint that the applicant assaulted complainant Govind by means of stick on his head. The injury certificate of Govind discloses that he sustained 2 head injuries although those are simple in nature and the said stick allegedly used by the applicant during the occurrence of the incident is yet to be recovered. 7 Moreover, sight also cannot be lost that the applicant was not available for the purpose of investigation. It is submitted that he was absconding. Besides that, it also appears that in all 7 persons were injured and there are eye witnesses, whose statements have been recorded during the course of investigation. 8 As regards the notarised document tendered by the applicant and others before the P.S.I. Nilanga police station contending that there was darkness at the time of occurrence of the incident and the complainant could not see the faces of the assailants and he filed the complaint on hear say information, it is submitted that the said document was tendered in November, 2009. Admittedly the incident occurred on 19.10.2009 and the said document is of November, 2009 as submitted by the learned counsel for the applicant and hence, apparently, the possibility of concoction in respect of the said 5 document cannot be ruled out. 9 Having the comprehensive view of the matter, it is apparent that there is no false implication of the applicant in the present offence. Hence, custodial interrogation of the applicant is necessary for further progress in the investigation in proper perspective, and therefore, present application deserves to be rejected. 10 In the result, present Criminal Application No. 1382 of 2010 is dismissed. 11 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1382.10