1 Criapln4250/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4250 OF 2011 Deepak s/o Narayan Chilgar and others Applicants V E R S U S The State of Maharashtra Respondent Shri V.M. Mane, Advocate for the applicants Shri B.V. Wagh, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 14th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicants are apprehending arrest in Crime No. I-157 of 2011 of Police Station, Jintur, District Parbhani, under Sections 307, 323, 147, 148, 149, 504, 506 of the Indian Penal Code and under Section 135 of the Bombay Prohibition Act. 3. The offence took place on 8th August, 2011, where as many as nine persons are said to have assaulted the complainant. The First Information Report lays down specific role of applicant Nos. 1 to 3. Applicant No. 1 is said to have used an axe, applicant No. 2 is said to have used stick and applicant No.3 is said to have used stones for the purposes of assault. 4. Interim protection was granted to applicant Nos. 4 to 7 and they were ordered to attend the concerned police station for investigation. 2 Criapln4250/2011 5. After having gone through the investigation papers, I am inclined to observe that the anticipatory bail cannot be granted to applicant Nos. 1 to 3, as their custodial interrogation is required, whereas, applicant Nos. 4 to 7 can be granted anticipatory bail. 6. At this juncture, the learned Advocate for the applicants submitted that applicant Nos. 1 to 3 will surrender before the concerned Judicial Magistrate, First Class, Jintur, District Parbhani, on 16th November, 2011. Consequently, the anticipatory bail application of applicant Nos. 1 to 3 will have to be rejected and anticipatory bail application of applicant Nos. 4 to 7 will have to be granted. Hence, following order is passed to dispose of the present application : ORDER A. The statement made by the learned Advocate Mr. V.M. Mane on behalf of applicant Nos. 1 to 3 that they will surrender before the concerned Judicial Magistrate, First Class, Jintur, District Parbhani, on 16th November, 2011, before 05.00 p.m. is recorded. Accordingly, anticipatory bail application of applicant Nos. 1 to 3 stands rejected. B. So far as applicant Nos. 4 to 7 are concerned, following order is passed. 1. In the event of arrest of any of the applicants from applicant Nos. 4 to 7, in connection with Crime No. I-157 of 2011 of Police Station, Jintur, District Parbhani, they be 3 Criapln4250/2011 released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount. Each of the applicants shall execute P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). 2. They shall continue to attend the concerned police station on every Monday and Thursday between 04.00 p.m. to 07.00 p.m. till filing of the charge-sheet. ( R.Y. GANOO, J. ) SRM/criapln/4250/11/14/11/11