1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.393 OF 2011 (PRAVIN HARIDAS PARKHEDE & HARIDAS NINAJI PARKHEDE //VS// STATE OF MAH. THR. PS. NANDURA, DISTT. BULDANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. U.J. Deshpande, Advocate for Applicants. Mr. S.S. Doifode, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : NOVEMBER 25, 2011. Heard both sides. This Court (Coram : A.B. Choudhari, J) by order dated 23.11.2011 granted relief to some of the accused involved in Crime No.131 of 2011, registered with Police Station, Nandura, Tahsil : Nandura, District : Buldana, under Sections 395, 324 and 326 of the Indian Penal Code. The present applicants are the remaining accused. The Court observed that : “Seen the case diary produced by the learned Assistant Public Prosecutor. It is not in dispute that parties to quarrel that took place on the date of incident, have lodged counter cases against each other and the Police Officer concerned registered the offences against both the parties. Though the offences have been registered under Sections 395, 324, 326 and under Sections 395 and 324 of Indian Penal Code, prima facie from the reading of the F.I.Rs. and the medical report it appears that both parties fought with each other, resulting into some injuries to each other. The narrations in the F.I.R. about decoity in order to attract Section 395 of Indian Penal Code seem to be foundation for making offence under Section 2 395 of Indian Penal Code. The applicants are Government servants, Doctor and Trader and it does not appear that they would indulge in a serious offence of decoity. This appears to be a case of 'free fight'. That being so and in the light of the medical report, which I have seen shows no serious injuries, in my opinion, it would be appropriate to allow the applications for grant of anticipatory bail, subject to certain conditions.” In that light of the matter, the application is allowed. Both the applicants, in the event of their arrest in Crime No.131 of 2011 registered with Police Station, Nandura, District : Buldana for the offences punishable under Sections 395, 324 and 326 of the Indian Penal Code, shall be released on executing P.R. Bond in the sum of Rs. Ten Thousand each with one surety each in the like amount with the conditions that, (i) the applicants shall attend the concerned Police Station every Wednesday and Sunday between 10.00 a.m. to 4.00 p.m. for a period of one month and (ii) the applicants shall not tamper with the prosecution evidence. Hamdast granted. JUDGE RR..