1 Cri.A.2018.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2018 OF 2011 1. Bhivaji Baliram Ekile 2. Ram S/o Suresh Ekile 3. Eklavya S/o Bhivaji Ekile, All R/o Chincholi (B) Tq. Nilanga,District Latur ...APPLICANTS. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri. A.S.Bayas,Advocate for Applicants Shri.B.J.Sonwane, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 24TH JUNE, 2011. PER COURT : 1. This application is filed anticipatory bail, in Crime No. 27 of 2011 registered with Kasar Shirshi Police Station Tq. Nilanga, District Latur for the offence punishable Under Section 147,148,149, 307, 504 and 506 of the Indian Penal Code. 2. Papers of investigation are made available for perusal by APP. Both 2 Cri.A.2018.11 sides are heard. Crime is registered on the basis of report given by nephew of applicant No.1 viz Baliram. Report shows that there is dispute in respect of agricultural land in between two families. Incident took place on 03.03.2011. At 8.00 a.m. first incident took place, when applicant No.1 manhandled the complainant and gave threat of life. He has made allegation that at about 9.00 a.m. applicant No.1 with is son Eklavya, applicant No.3 with Ram Ekile and Suresh Ekile came in the field and applicant NO.1 gave threat that he would finish the complainant and then he gave blow of Axe on the neck, but complainant evaded that blow. Applicant NO.1 gave blow of Axe on right leg. Allegations are made against the applicant NO.2 -Ram that he used motorcycle chain and he assaulted on back. Allegations are made that applicant No.3 Eklavy used stick, by said stick assault was made on the back. He has contended that due to assault he became unconscious and he regained conscious in the hospital and Police had referred him to the Government Hospital. 3. As per directions, today MLC, issued by PHC, came to be produced. It shows that complainant had gone to PHC on 03.03.2011 at 2.00 p.m. on his own and he was not referred by the Police. However, there were serious injuries like suspected fracture of both bones of right leg and there were four other injuries. Specific allegations are made that applicant No.1 gave 3 Cri.A.2018.11 blow of Axe on the right leg. This injury probably is of grievous in nature. Though, the patient was referred to Government Hospital for treatment, but record in that respect from Government Hospital is not produced. There are statements of witnesses in support of allegations made by the complainant. It appears that other accused Suresh is released on regular bail and two ladies are granted anticipatory bail. Injury certificate shows that injuries like Blunt Trama and bruises were found on the back, which part was assaulted by motorcycle chain and stick by applicant Nos. 2 and 3. Advocate for the applicants submitted that bullock of complainant probably caused these injuries and due to previous dispute applicants are falsely implicated. 4. Medical Certificates corroborated allegations made against applicant No.1. Though, there is delay caused in giving the report, injury certificate shows that the injured was taken to Hospital on 03.03.2011. This material is sufficient to make out prima faice case as against applicant No.1 as he used sword, as weapon. In view of the nature of allegations against applicant No.1 custodial interrogation is necessary. So far as other two applicants are concerned anticipatory bail can be granted to them. The injuries are Blunt Trama and bruises, so application of applicant NO.1 is rejected. Application of applicant No.2- Ram S/o Suresh Ekile and 4 Cri.A.2018.11 applicant No.3 Eklavya S/o Bhivaji Ekile is allowed. Hence following order- (i) In case of arrest of the applicants, namely, applicant No.2-Ram S/o Suresh Ekile and applicant No.3-Eklavya S/o Bhivaji Ekile in Crime No. 27 of 2011 registered with Kasar Shirshi Police Station Tq. Nilanga, District Latur for the offence punishable Under Sections 147,148,149,307, 504 and 506 of the Indian Penal Code, they be released on bail on their furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) each, on condition that- (a) The applicants shall co-operate during the investigation and to attend the concerned Police station on every Sunday from today between 9.00 a.m. to 12.00 noon, for a period on month. (b) The applicants shall not tamper with the prosecution witnesses . (c) The applicants shall not commit similar offence. (ii) The application of applicant No.1 stands rejected. Sd/- [ T.V.NALAWADE, J.] MTK 5 Cri.A.2018.11