{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.38 OF 2010 1. Raju s/o Sudamrao Nagargoje Age-35 years, Occ-Agri 2. Siddeshwar s/o Sudamrao Nagargoje Age-30 years, Occ-Agri Both R/o Wagdewadi, Tq-Gangakhed Dist-Parbhani APPLICANTS VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Dist-Parbhani RESPONDENTS ....... Mrs.S.S.Jadhav, Advocate for applicant Mr.N.B.Patil, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 21st January 2010 PER COURT: 1. By this application the applicants have moved this Court for their release on anticipatory bail in connection with CR No.199/2009 registered with Gangakhed police station. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. 3. As there are cross complaints, directions were given to {2} produce the papers of investigation in CR No.197/2009, which is registered at the instance of present applicants, in respect of the incident occurred in the evening of 28th November 2009 in front of the pan shop of Pandurang and for which complaint at CR No. 199/2009, is lodged by complainant Pandurang against the applicants. Perusal of investigation papers, particularly, medical certificates, discloses that the complainant Pandurang and present applicants were referred to the same hospital by the police along with police requisition. It is not disputed that there are cross complaints against each other of the same incident. It prima facie appears that the applicants are falsely implicated in the offence. At the same time it is hard to ascertain as to which party was aggressive, as both the applicants and complainant were referred to the hospital for medical treatment and the opinion of the medical officer is reserved. In the premise, as there are cross complaints, case is made out to exercise discretion u/s 438 of the Criminal Procedure Code to enlarge the applicants on anticipatory bail. 4. In the result, application is allowed. Interim protection granted on 14.01.2010 is hereby confirmed. This protection is granted for a further period of 4 weeks within which time the applicant may apply for regular bail. [A.V.POTDAR, J.] drp/A10/criapln38-10