Cri. Apln. 1592/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1592 OF 2011 1. Sayabu @ Sahebrao Suhas Sarode, 2. Raju Suhas Sarode, 3. Sanjay @ Sanju Gahininath Sarode, 4. Sameer Suhas Sarode, All R/o. Wadgaon Tanpura, Nandanivasti, Tq. Karjat, Dist. Ahmednagar. ....Applicant. Versus 1. The State of Maharashtra & Anr. ....Respondents. Mr. N.V. Gaware, Advocate for applicant. Mr. B.J. Sonawane, APP for respondent No. 1. Mr. N.C. Garud, Advocate for respondent No. 2. CORAM : T. V. NALAWADE, J. DATED : 9th June, 2011. PER COURT : 1. This application is filed for anticipatory bail in O.M.A. (Cri) No. 493/2009 which is pending before the Judicial Magistrate, First Class, Karjat, Dist. Ahmednagar. In a private complaint after recording verification and the statements of witnesses, the JMFC has issued process for the offence punishable under sections 307, 326, 447, 427, Cri. Apln. 1592/2011 2 504, 506 read with 34 of the Indian Penal Code. The APP is heard. One advocate Mr. N.C. Garud representing respondent No. 2 was allowed to produce the record in respect of copies of statements given before the Magistrate, copies of injury certificates and his short submissions were also heard. 2. The record shows that incident took place on 29.9.2009 and private complaint came to be filed on 24.11.2009. The record produced by the APP shows that on the basis of report received by police station, NC was registered and the complainant was advised to approach the Magistrate. Statements of complainant and injured witnesses are recorded and they are produced by the advocate of complainant. The statements include the statement of Dr. Rohini Salve. Three injury certificates in respect of injured witnesses and complainant are produced to show that they were examined on 29.9.2009. All the witnesses had sustained simple injuries. To only one witness stitches were given as there was CLW. The history of assault by using stick was given. In one case of Laxmi, the history of use of ax was given, but in that case also injuries were found to be simple. In view of the provisions of sections 200 to 204 of Criminal Procedure Code, after the issuing process in the case triable by Sessions Court, as next stage the case will be committal of case to the Sessions Court. In view of the aforesaid delay and the provisions of law, the police should not need the custody of the Cri. Apln. 1592/2011 3 present applicants for the purpose of investigation. It appears that the incident took place out of some dispute as the land has come to the complainant from her father and the accused's side was disputing about the right of the complainant to sell the property. In view of these circumstances, it is a fit case to grant anticipatory bail. So the order. (1) Application is allowed. (2) In case of arrest of applicants in O.M.A. (Cri) No. 493/2009 which is pending before the Judicial Magistrate, First Class, Karjat, they are to be released on bail on furnishing PR & SB of Rs. 15,000/- (Rupees fifteen thousand) each. They are not to tamper the prosecution witnesses and they are not to commit the similar offence. [ T. V. NALAWADE, J.] ssc/criapln1592/11