(1) Cri. Application No. 4364 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4364 of 2011 Bhausaheb s/o. Laxman Karale, Age : 40 years, Occupation : Service, R/o. Shivajinagar, Kedgaon, Ahmednagar, Taluka : Ahmednagar, .. Applicant District : Ahmednagar. (Original accused) versus 1. The State of Maharashtra. 2. The Deputy Superintendent of Police, Ahmednagar, Taluka & District : Ahmednagar. .. Respondents. ....................... Mr. R.N. Dhorde, Advocate, holding for Mr. B.T. Bodkhe, Advocate, for the applicant. Mr. B.V. Wagh, Additional Public Prosecutor, for respondent nos.1 and 2. ........................ (2) Cri. Application No. 4364 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 14TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest in connection with Crime No. I-302/2011, registered at Kotwali Police Station, Ahmednagar, for the offences punishable under Sections 307, 143, 147, 148 and 149 of Indian Penal Code; Section 4/25 of the Arms Act, and Sections 37(1)(3) and 135 of the Bombay Police Act. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Murlidhar s/o. Dattu Balve, on 12th September 2011. On perusal of the contents of the said complaint, it appears that there is allegation against the applicant, namely, Bhausaheb s/o. Laxman Karale, that he allegedly assaulted Sagar i.e. son of the complainant, by sword, on his right leg. However, the injury certificate of said injured Sagar does not disclose any injury on (3) Cri. Application No. 4364 of 2011 the right leg. In the said context, the statement of injured person, Sagar s/o. Murlidhar Balve, discloses that the applicant, Bhausaheb, assaulted the victim Sagar on his head by iron pipe, as well as, he assaulted the said victim by sword on his right leg. Admittedly, the victim Sagar sustained injuries on his head, but as mentioned above, he has not sustained any injury on his right leg. There are allegations against co-accused Manoj s/o. Bhausaheb Karale, that he assaulted the victim Sagar by iron pipe on his head. 4. However, the statement of eye witness, namely, Santosh s/o. Bansi Yenare, discloses that the applicant Bhausaheb assaulted the victim Sagar by sword on his right leg, and the said statement of eye witness is totally silent in respect of any assault by iron pipe on the head of the victim Sagar by the applicant herein. Moreover, the statement of injured Sagar has been recorded on 6-10-2011 i.e. after substantial delay of more than 25 days, since the alleged incident occurred on 11-9-2011, and hence, the apparent concoction and implication of the applicant, as regards to the alleged assault on his head by the applicant by iron pipe, by way of said statement of injured Sagar, cannot be ruled out. 5. Having comprehensive view of the matter, and (4) Cri. Application No. 4364 of 2011 considering the accusations made against the applicant, and nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicant for further progress in the investigation, and hence, he is entitled for anticipatory bail, but on certain conditions. 6. In the result, present Criminal Application is allowed, and it is directed that in the event of arrest of the applicant, namely, Bhausaheb s/o. Laxman Karale, in connection with Crime No. I-302/2011, registered at Kotwali Police Station, Ahmednagar, he be released on bail, on furnishing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the following conditions : (i) Applicant, Bhausaheb, shall give attendance before the concerned investigator once in a week i.e. on every Wednesday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) Applicant, Bhausaheb, shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. Present Criminal Application is disposed of finally. (5) Cri. Application No. 4364 of 2011 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka4364