1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3040/2008 ( Pratap Vishwanath Wankhede and 4 others vs. State of Maharashtra ) --------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr A J Thakkar ,Adv.for applicant Mr C.N.Adgaonkar, APP for respondent CORAM: A.P. BHANGALE,J. DATED: 12 th August, 2009. Heard learned counsel for respective parties. 2. The applicants are seeking anticipatory bail in connection with Crime No.120/2009 reported at Lonar Police Station, Dist. Buldana for offence punishable under sections 147, 148, 149, 336, 504, 506, 307 read with section 34 of the Indian Penal Code. It is alleged that the applicants had formed an unlawful assembly and assaulted Rajaram Wankhede, Ashok Wankhede, Gautam Wankhede and Sau.Ranjana Wankhede. It appears that in the FIR, an active role has been attributed to some of the applicants, namely, Pratap Vishwanath Wankhede, that he was armed with sharp weapon- Kati i.e. tool of agriculture implement ; the applicant Bhimrao was was possessing stick ; Mukesh was armed with iron pipe; Ranjana was armed with stone, Balu was armed with an axe. According to the learned Advocate for the applicant cross- complaint was also filed in respect of the incident which was registered as Crime No.123/2009 on 13.7.2009 at same Police Station, at the instance of Devanand Trimbak Wankhede in respect of same incident occurred on 7.7.2009. Be that as it may; in case of cross complaints, it would not be proper to grant anticipatory bail. However, it is open for the applicants to formally surrender themselves before the remand court/Sessions Court at Buldana, and apply for bail on merits. To enable the applicants to 2 formally surrender themselves and apply for bail on merits, I am inclined to grant anticipatory bail for temporary period expiring on 24th August 2009. Hence in the event of arrest of the applicants by Station House Officer or Arresting Officer in respect of Crime No. 120/2009, the applicants be released for temporary period until 24th August 2009 on executing PR bond in the sum of Rs. 25,000/- by each of them, with one or more sureties in the like amount, each, provided that they shall co-operate with the investigation machinery and shall not misuse their liberty in any manner. It would be open for the applicants to formally surrender themselves before the remand court on or before 24.8.2009 and apply for bail on merits. The remand court shall consider such bail application on its own merit in accordance with law. It is further made clear that the temporary period would automatically expire on 24th August,2009. Application disposed of. Humdast granted. JUDGE. sahare