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. 2985 OF 2011 SUSHANT ASHRUBA SOLUNKE AND ORS VERSUS THE STATE OF MAH AND ANR Mr. Mukhedkar Amit A. Adv. for applicants. Mr. G.R.Ingole APP for respondents. With APPLN/3059/2011 , Mr. S.S.Rathi advocate for applicant. Mr. G.R.Ingole APP for respondents. With APPLN/3083/2011 , Mr. Mukhedkar Amit A. Adv. for applicants. Mr. G.R.Ingole APP for respondents. With APPLN/3098/2011 Mr. S.S.Rathi advocate for applicant. Mr. G.R.Ingole APP for respondents. ... 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. Pursuant to the directions of this court dated 9.8.2011, Investigating Agency has conducted Test Identification Parade, in respect of the applicants and also perused the memorandum of T.I. parade dated 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 17.8.2011 in that respect. 3. The above referred applicant/s in the respective applications have preferred present application/s seeking anticipatory bail, apprehending their arrest under Crime No.I-63/2011, registered at New Mondha Police Station, District Parbhani for the offence punishable under sections 302, 147, 148, 149 of Indian Penal Code and section 3 (1) (X) and 3 (2) (v) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 and u/s 135 of Bombay Police Act. 4. It appears that offence has been registered on the basis of the complaint lodged by Ravi Tukaram Bharade, on 22.3.2011, in respect of the alleged occurrence of the incident at about 23.30 hours to 23.40 hours on 21.3.2010. It is alleged in the First Information Report that the complainant's brother namely Munna Bharade was called by the main accused namely Pintu Nirval, at a particular place and there his brother was assaulted with the weapon like sticks, iron sickles and bricks, by Pintu Nirval and his 10-15 associates. Name of the Pintu Nirval has been reflected in the First Information Report and apparently, specific role has been attributed to him in the alleged occurrence of the incident. however, the 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 names of other assailants i.e. associates have not been reflected in the First Information Report, and apparently, no specific role has been attributed to them, in the occurrence of the incident. 5. On perusal of the contents of the First Information Report, it appears that there are no allegations in respect of the offence under section 3 (1) (x) of Schedule Castes and Schedule Tribes. (Prevention of Atrocities) Act. Moreover, in pursuant of the directions dated 9.8.2011, investigating agency has conducted T.I. parade on 17.8.2011, and the above referred applicants in the respective applications were put under the T.I. parade but the witnesses namely Ravi Tukaram Bharade, Siddharth Gautam Sonwane and Anil Mandale could not identify the applicants in the above referred respective applications. 6. Admittedly, interim protection by way of interim anticipatory bail was granted to the applicants. It appears that investigation has been completed and chargesheet has been filed. 7. Having comprehensive view of the matter and considering the accusation made against the applicants, the interim protection deserves to be confirmed. 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 8. In the result, anticipatory bail granted to the applicant/s stand confirmed on the following condition that : i) The applicant/s shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 9. Present application/s stand 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/- ***