1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2704 OF 2010 (Kerubapu Dashrath Shelke and others vs. State of Maharashtra) WITH CRIMINAL APPLICATION NO.2506 OF 2010 (Sandip Kerubapu Shelke and another vs. State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Joydeep Chatterji, Advocate for the applicants. Mr.S.G.Nandedkar, APP for the respondent State. ... CORAM: A.V.POTDAR, J. DATE:14-7-2010 P.C.:- 1. Applicants in both these applications, seek their release on anticipatory bail, in the event of their arrest in connection with Crime No.I-219/2010, registered in Pathardi Police Station of district Ahmednagar, for the alleged offense under Sections 143, 147, 148, 149, 326, 323, 504, 506 of IPC. As both these applications arise out of the same crime, both the applications 2 would be disposed of by this common order. 2. Heard Counsel for the applicants in both the applications and learned A.P.P. for respondent State. Also perused papers of investigation being carried out. 3. Along with the application, copy of complaint in Crime No. 217/2010 which is registered on the earlier date at the instance of first applicant in Application No.2704/2010 is annexed wherein, complainant party in both these applications, is shown as accused. Perusal of the complaint in Crime No.219/2010 discloses that the alleged incident occurred on 5th June, 2010, around 8.30 p.m. In the opening part of the second part of this complaint finds reference about the earlier complaint lodged by the applicant in Application No.2704/2010 about the the incident which took place on 4th of June, 2010 and during that incident the complainant 3 party in Crime No.219/2010 was put under arrest and later on released on bail. This fact also finds place in the complaint in Crime No.219/2010. The allegations in the complaint further disclose, after the complainant party was released on bail and they were proceeding to their residential premises, the applicants in both the applications, along with others, intercepted them on the road and assaulted them with the weapons in their hands. So far as applicants in the first application, the allegations are omnibus and do not speak about the individual role played by these applicants. So far as the applicants in the second application, there are allegations against the first applicant Sandip Kerubapu Shelke that he was holding iron rod in his hand and gave blow with the iron rod in his hand on the head of one Satish Babasaheb Shelke. This Sandip has claimed alibi as certificate issued by Sub Divisional Engineer, Minor 4 Irrigation Department, Jamkhed, dt. 21.6.2010, is annexed which shows that on 5th June, 2010, this Sandip Kerubapu Shelke was on duty at Jamkhed and he had not left the Headquarter even after the duty hours. It is not at all disputed that the distance between Jamkhed and Kasar Pimpalgaon is 130 kms. Absolutely, at this juncture, there are no reasons to disbelieve the certificate issued by the Sub Divisional Engineer, Jamkhed. Apart from it, even though there are allegations about the assault on Satish at the hands of this applicant with deadly weapon but the papers of investigation made available do not show any injury certificate was collected by the investigating officer to rope in this applicant in connection with the allegations made in Crime No. 219/2010. Likewise, there is allegation against the second applicant that he was holding stick in his hand and was assaulting with the weapon in his hand. But there is no reference as to whom he had 5 attacked. Thus, in substance, the allegations in the complaint, on the basis of Crime No.219/2010 are vague in nature. Considering the earlier complaint lodged by the applicant party against the complainant party in Crime No. 219/2010, possibility to rope them in this offense cannot be ruled out. A case is made out to exercise the discretion vested in this Court. In view of this, following order: ORDER a) Interim protection granted to the applicants in Application No. 2506/2010 vide order of this Court dt.6th of July, 2010, is hereby confirmed and continued till filing of the chargesheet. b) The applicants in application No.2704/2010 be released on bail in the event of their arrest in connection with Crime No.219/2010 registered at Pathardi Police Station, on furnishing surety in the sum of Rs.15,000/- and on 6 executing P.R. bond in the like amount. This protection is granted till filing of chargesheet. After their release, they are required to give attendance in Pathardi Police Station, if required, on the written intimation by the concerned investigating officer investigating the said offense. Both the applications (Nos. 2704/2010 and 2506/2010) stand disposed of accordingly. (A.V.POTDAR ) JUDGE ... agp/2704-10crapl