1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1897 OF 2010 1. Dadasaheb Ananda Talole, Age-50 years, Occu-Service, 2. Shivnath Sarjerao Dengale, Age-45 years, Occu-Agriculturist, 3. Nilesh Shivnath Dengale, Age-25 years, Occu-Agriculturist, 4. Bhausaheb Ananda Talole, Age-52 years, Occu-Agriculturist, All are R/o.Nimgaon, Jali, Tq.Sangamner, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicants. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 15/06/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.M-29/2010, registered in Sangamner Taluka Police Station of Ahmednagar. 2. It appears that the application was moved in the vacation and on 11/05/2010, after hearing learned counsel for applicants, interim 2 protection was granted that in the event of arrest of these applicants, they be released on bail on furnishing surety in the sum of Rs. 15,000/- each and on executing PR bond in the like amount. 3. Today when the application, came up for hearing, heard learned counsel for applicants, learned APP for State. Also perused the papers of investigation till carried out. 4. It is contended by the counsel for applicants that an offence was registered against the complainant in this CR and others about the incident dated 15/04/2010 which took place at about 8.30 p.m. and due to assault at the hands of complainant herein, the first applicant was admitted in Ithape Hospital, where he was taking the treatment. From Ithape Hospital, he was shifted to Pravara Rural hospital at Loni, where he was further treated. To give the counter blast to that case, one complaint was lodged by the complainant in this CR, but the said CR was not entertained. After the order came to be passed by the learned Magistrate for investigation u/s. 156(3) of The Cr.P.C. in RCC No.139/2010, offence came to be registered about the alleged incident wherein, the time of the incident is shown as 9.30 p.m. wherein there is an allegation that some dispute took place outside the residential premises of complainant Shivaji, he came out to see as to what is going on. At that time, on the suspicion that he might have assaulted Sarjerao, they removed the motor bike of Shivaji and parked it near their residence. When Shivaji went to collect his motor-bike, he was attacked by these applicants. The 3 allegations against first applicant is that he hit a stone weighing of 5 to 10 kg on the head of Shivaji, due to which he sustained grevious injury. At that time, applicant no.2 and 3 had caught hold the said Shivaji and others helped him. Hence, the offence came to be lodged against these applicants. 5. Papers of investigation clearly discloses that at the time of alleged incident, as projected by the said Shivaji, of which the time was given as 9.30 p.m., the first applicant was already taking the medical treatment in the Ithape Hospital from where he was shifted to Loni. In the premise, there are reasons to believe that even though some fight might have taken place between the parties, but not projected in the complaint lodged by the said Shivaji. In the premise, case is made out to exercise the jurisdiction of this court. Hence order : O R D E R 1. Application is allowed. 2. Interim protection granted to the applicants, to continue till filing of the charge sheet. 3. Applicants, not to contact the prosecution witnesses and to co- operate the investigation office, if required. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1897-10