1 criapln2617-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2617 OF 2011 1] Syed Rasheed S/o Syed Bashir 2] Humaira Tabassum W/o Syed Rasheed 3] Syed Bashir S/o Syed Lal 4] Syed Shabbir S/o Syed Sardar 5] Masarrat Jahan W/o Syed Shabbir 6] Syed Firoz S/o Syed Sardar 7] Syed Hameed S/o Syed Sardar 8] Asiya W/o Syed Hameed 9] Nadaan Bi W/o Syed Sardar .. APPLICANTS Vs The State of Maha. .. RESPONDENT ... Shri A.P.Piratwad, Adv.for applicants. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 14/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.14/11 registered in Pachod police station, Tq.Paithan, Dist.Aurangabad for offences punishable u/ss. 143, 147, 148, 149, 323, 324, 326, 341 and 506 of I.P.C. Papers of investigation were made available by A.P.P. 2 criapln2617-11 Both sides are heard. 2] Crime is registered on the basis of report given by one Habib Khan Pathan. He has made allegations that the incident took place on 8/2/11 after 12.30 noon. He is a reporter and according to him, he is taking steps to protect the inam land of a masjid. He has contended that all the accused intercepted him and due to his action in respect of property of masjid, they assaulted him. He has made allegations that Syed Rasheed Syed Bashir- applicant no.1 gave blow of axe on his head. Syed Firoz-applicant no.6 gave blow of iron bar on his head which hit his ear. Humaira-applicant no.2 and Masarrat – applicant no. 5 threw chilly powder at him, then the others started assaulting him with sticks and iron bars. He has contended that there was one advocate by name Kadri and he was instigating others by saying that he was in a position to take care of them even if the complainant was finished. 3] A.P.P. has produced papers of investigation which include spot panchanama and injury certificate. The injury certificate in respect of complainant shows that there were chop wounds which were caused by sharp weapons. There were injuries like contusion and abrasions. On the other hand, advocate for the applicants submitted that 3 persons from applicant’s side like Bashir, Shabbir and Firoz were also injured. This record shows that there was participation of these 3 criapln2617-11 persons in the incident. Sharp weapon was used. It was submitted that relief of temporary injunction is obtained by the side of applicants against the complainant. Copy of Regular Civil Suit No.38/11 [of Exh. 5] is produced to show that temporary injunction by civil Court in respect of property in dispute is granted in favour of the present applicants. 4] The circumstances and aforesaid record show that there was the incident and probably there was free fight. Only because applicant nos.2 and 5 are ladies, even when there is specific role attributed to them, relief can be granted to them. Relief cannot be granted to applicant nos. 1,3,4 and 6, whose presence is shown by the aforesaid record and to some of whom specific role is attributed. There is no specific allegation in respect of applicant no.7 Syed Hameed whose name is mentioned in F.I.R. and so relief can be granted to him also. So application of applicant nos.2,5,7,8 and 9 is allowed. In case of their arrest in Crime No.14/11 registered in Pachod police station, Tq.Paithan, Dist.Aurangabad for offences punishable u/ss. 143, 147, 148, 149, 323, 324, 326, 341 and 506 of I.P.C., they are to be released on their furnishing P.R. and S.B. of Rs.15000/- each. Only applicant no.7 is to attend police station on coming Sunday between 9 a.m. and 12 p.m., for the purpose of interrogation. He is to cooperate with the police during investigation. He shall not tamper with prosecution witnesses and he shall not commit similar offence. 4 criapln2617-11 Application in respect of applicant nos.1,3,4 and 6 stands rejected. [T.V.NALAWADE,J.] umg/criapln2617-11