1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO : 3753 /2009 ((1) Adhikaran Gendlal Suryawanshi and one vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Karmarkar, Adv.for applicants Mr S.B.Ahirkar, APP.for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 6, 2010. Heard. By this application, the applicants prayed for grant of bail in connection with Crime No. 177/2009 reported at Kanhan Police Station, Dist. Nagpur under sections 143, 147, 148, 149, 323 ,324 ,307 IPC. Learned Advocate in support of the application contended that the first information report was lodged on 26.11.2009 in respect of the incident which alleged to have occurred on 25.11.2009 at about 9.00 p.m. It is alleged that the applicants- Adhikaran and Indrapal were present along with certain other persons who were armed with sword, stick, spear etc. and Sarpanch in the village as also Rajendra Patil, Dhanraj, Sunil, Roshan etc. were assaulted. 2. Learned Advocate for the applicants claimed that they are being implicated on account of petty village politics. It is further submitted that the applicants are 2 willing and ready to cooperate with the investigation machinery even by undergoing custodial interrogation up to the maximum period of three days. 3. Learned APP objected grant of anticipatory bail on the ground that names of these applicants do figure in the FIR and it was alleged by the first informant that they were seen as members of the unlawful assembly who were armed with dangerous weapons prior to the incident of the alleged assault upon Sarpanch and others. It was further objected on the ground that the applicants were absconding and that custodial interrogation of the applicants is necessary. 4. Upon hearing submissions, I think interest of justice would be subserved if following order is passed to ensure that the Investigating Officer shall have an opportunity to interrogate the applicants in custody at least for three days. Learned Advocate for the applicants submitted that the applicants are ready to surrender to the IO and undergo custodial interrogation. Hence the following order is passed: The applicants shall surrender before the I.O. Mr Arun Pund, PSI of Kanhan Police Station, Tah.Parseoni Dist. Nagpur on or before 14.1.2010. The I.O. shall obtain appropriate remand order and may interrogate the applicants in custody for a period of three days from the date of their surrender and after completion of such custodial interrogation for a period of three days, the applicants shall be released upon 3 executing PR bond in the sum of Rs. 20,000 to be provided by each of them, with one or more sureties in the equal amount, to be provided by each of them, with further conditions that they shall cooperate with the Investigating officer as and when necessary. The applicants shall inform their fixed address with telephone/cell no. to the I.O.; they shall not tamper with the evidence in any manner and shall not misuse liberty in any manner. It is made clear that if the applicant fails to surrender within the stipulated period granted above, this order shall stand canceled automatically without reference to this Court. Application stands disposed of accordingly. JUDGE sahare