FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3553 OF 2011 ROSHAN BAPU NIMBHORE AND ORS VERSUS THE STATE OF MAHARSHTRA ... Advocate for Petitioner(s) : Shinde S. G. APP for Respondent(s): Mr. B.V.Wagh ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. The applicant nos. 1,2 and 3 have preferred present application, seeking anticipatory bail, apprehending their arrest, under Crime No.I- 92/2011, registered at Belwandi Police Station, District Ahmednagar, for the offence punishable under sections 324, 452, 504, 506 r/w 34 of Indian Penal Code and 3 (1) (x) of Schedule Caste and Schedule Tribe (Prevention of Attrocities) Act and also under section 7 (1) (d) of Nagri Protection Act (PCR) Act. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. It appears that offence has been registered on the basis of the complaint, lodged by one Arjun Bhaskar Patole on 3.8.2011, in respect of the alleged occurrence of the incident at about 3.00 p.m. on the same day. As regards, the alleged offence under the provisions of Schedule Caste and Schedule Tribes (Prevention of Attrocities) Act and also under the provisions of Nagari Protection Act, it appears that alleged utterances have been uttered by the applicants in the house. However, as regards assault upon the complainant, names of the applicant nos. 1 Roshan s/o Bapu Nimbhore, and 2) Anna s/o Dnyandeo Khomane have been reflected in the First Information Report, as well as specific role has been attributed to them, therein that they assaulted the complainant by hockey stick on the head of the complainant, as well as on his hands and legs. Although name of the applicant No.3 namely Bapu s/o Khanderao Nimbhore is reflected in the paragraph No.2 of the First Information Report, but no specific role has been attributed to him, in the occurrence of the incident, and there are general and omnibus allegations against him. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 4. Besides, it is pointed out that, hockey sticks by which the applicant nos. 1 and 2, allegedly, assaulted the complainant are yet to be recovered and investigation is under progress. Hence, present application to the extent of applicant nos. 1 and 2 deserves to be rejected, whereas present application in respect of the applicant No.3, is required to be allowed. 5. In the result, present application, in respect of the applicant no.3 namely Bapu s/o Khanderao Nimbhore is allowed and interim anticipatory bail, granted to him stands confirmed. However, he is directed that he shall give attendance before the concerned Investigator, on every MONDAY AND THURSDAY between 05.00 p.m. to 07.00 p.m., till completion of investigation and shall cooperate in the investigation. Moreover, he is also directed not to influence upon the witness and/or tamper with the evidence, in any manner, what so ever, directly or indirectly. 6. Present application to the extent of applicant nos. 1 and 2 stands rejected and interim protection granted in their favour on 16.8.2011, stands FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders vacated. 7. Present application stands disposed of finally. These observations are the primafacie observations, may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***