FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3549 OF 2011 RAMA KARBHARI GUND VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Applicant/s : Mr. Bhapkar S.L. APP for Respondent(s): Mr. D.R.Korde for R-1 & 2 Mr. D.A.Naik advocate for complainant and Assistant to A.P.P. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 30, 2011 ... 1. Perused investigation papers, which were made available by the learned A.P.P. for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under Crime No.I-208/2011, registered with Pathardi Police Station, District Ahmednagar for the offences punishable under sections 302, 323, 504, 506 r/w 34 of Indian Penal Code and under section 3 (1) (10) 3 (2) (5) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 3. It appears that offence has been registered on the basis of complaint lodged by complainant Shridhar Malmik Kale on 28.5.2011 in respect of the occurrence of the incident at about 14.30 hours on 27.5.2011. It is alleged that since the victim Shrimant did not return back amount of Rs.500/-, Dada Karbhari Gund, Laxman Karbhari Gund, Avinash Mahadu Kute and Balya @ Viju Kute, assaulted him infront of shop of country liquor and also humiliated the complainant's wife Suman by abusing her on her caste. It is also alleged in the First Information Report that aforesaid assailants assaulted the victim Shrimant by leg kicks and fist blows, and, when he was fallen by the said assault on the land, they assaulted on his private part by leg kicks and fist blows, who succumbed to the injury on the same day. 4. However, contents of the First Information Report does not disclose name of the applicant herein nor any specific role has been attributed to him during the occurrence of the incident. It is canvassed that name of the applicant has been reflected in the supplementary statements of the witnesses namely Shridhar Malmik Kale, Padma Kale, Suman Shridhar Kale and Sonal, which were recorded on 3.6.2011. On perusal of the said supplimentary statements of the said witnesses, apparently it appears that said statements were recorded after about one week from lodging the complaint FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders and even assuming for the sake of assumptions that the name of the applicant is reflected in the said supplimentary statements, apparently no specific role has been attributed to him, during the course of the incident, therein. 5. Apart from that, it appears that the applicant had preferred application for anticipatory bail, before learned District Judge-3 and Additional Sessions Judge, Ahmednagar and ad-interim relief was refused to him, by order dated 4.8.2011 and pertinently, said order does not reflect the said supplimentary statements. Had said supplimentary statements, been put forth before the learned Sessions Judge, there would have been some observations in that regard in the order dated 4.8.2011, but the said order is silent in that respect and therefore, question arises Whether said supplimentary statements dated 3.6.2011 which are now being shown, were produced before the learned Sessions Judge ?. 6. Thus, except the disclosure of the name of the applicant, in supplimentary statement of 3.6.2011, apparently, there is nothing against the applicant. Moreover, it is also submitted that investigation has been completed and charge sheet has been filed, and, hence, there is no necessity of the custodial interrogation of the applicant. Hence, considering the accusations made against the applicant, I am FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders of the view that, interim anticipatory bail, granted to the applicant deserves to be made absolute. 7. In the result, present application is allowed and interim anticipatory bail granted to the applicant on 17.8.2011 stands confirmed on the following conditions :- i) The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 8. Present application stands disposed of finally. The above observations are primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***