1 Criapln5170, 5463/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5170 OF 2011 Sunil s/o Baburao Suryawanshi Applicant V E R S U S The State of Maharashtra & Anr. Respondents Smt. S.S. Jadhav, Advocate, holding for Shri S.S. Jadhav, Advocate for the applicant Shri D.R. Kale, APP for the respondents / State Shri N.L. Jadhav, Advocate, Assist to A.P.P. WITH CRIMINAL APPLICATION NO. 5463 OF 2011 Pravin Bhausaheb Gondkar Applicant V E R S U S Sunil Baburao Suryawanshi & Ors. Respondents Shri N.L. Jadhav, Advocate for the applicant Smt. S.S. Jadhav, Advocate, holding for Shri S.S. Jadhav, Advocate for respondent No.1 Shri D.R. Kale, APP for the respondent Nos. 2 & 3 / State CORAM : R.Y. GANOO, J. DATED : 13th December, 2011 PER COURT : 1. Application filed by Shri N.L. Jadhav, Advocate for the applicant bearing Criminal Application 2 Criapln5170, 5463/2011 No. 5463 of 2011 to assist the learned A.P.P. is granted. 2. I have heard learned Advocates of both sides including learned Advocate Mr. N.L. Jadhav. 3. The present applicant in Criminal Application No. 5170 of 2011 apprehends arrest in CR No. 149 of 2011, registered with Ashti Police Station, District Beed for the offences punishable under Sections 302, 307, 323 and other related offences of the Indian Penal Code. 4. The incident is of 11th October, 2011. In the F.I.R., the name of the present applicant is mentioned. According to the complainant, the assailants, while running uttered that Mr. Sunil Narayan Nath, present applicant Sunil Suryawanshi and Mr. Mane Saheb are there for protecting them and that they will look into the matter. According to the learned Advocate for the 3 Criapln5170, 5463/2011 applicant, the material against the applicant is the utterances of the co-accused and nothing beyond that, and hence, the applicant is entitled to anticipatory bail. 5. Learned A.P.P. submitted that the present applicant had entered into conspiracy with the assailants in the incident of 11th October, 2011. He submitted that police have been able to take charge of the details regarding Mobile calls made by Sachin (co- accused) and some calls are recorded between Sachin and the present applicant. According to him, this is the material so as to reject the application of the present applicant. 6. Learned Advocate Mr. N.L. Jadhav, who is assisting the learned A.P.P., submitted that there is a conspiracy between the assailants and the present applicant including Mr. Mane, Police Officer, who is absconding. He, therefore, prayed for rejection of the 4 Criapln5170, 5463/2011 application. 7. Having gone through the police papers and having heard submissions of both sides, I am inclined to grant anticipatory bail to the present applicant. The utterances of the co-accused that the present applicant is taking care of everything and will support them, cannot be the basis for refusing the anticipatory bail. This by itself would not indicate that there was a conspiracy between the present applicant and said assailants. Even if the telephonic talks have taken place between Sachin (co-accused) and the present applicant, that by itself would not go to show that there was a conspiracy to commit acts by the present applicant for the incident dated 11th October, 2011. Abscontion of Mr. Mane, Police Officer, has nothing to do with the present applicant. For the above reasons, in my view, the present applicant is entitled for anticipatory bail. Hence, following order is passed to dispose of the present application : 5 Criapln5170, 5463/2011 O R D E R A. In the event of arrest of the applicant in connection with Crime No. CR No. 149 of 2011 of Ashti Police Station, District Beed, he be released on bail in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall furnish P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). B. The applicant shall report to the concerned police station firstly on 20th December, 2011 between 11.00 a.m. to 04.00 p.m. and thereafter as and when called for. ( R.Y. GANOO, J. ) SRM/13/12/11