1 ABA 928,929 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.928 OF 2011 Sunil Dulbaji Jadhav .. Applicant -versus The State of Maharashtra .. Respondent. WITH CRIMINAL ANTICIPATORY BAIL APPLICATION NO.929 OF 2011 Arun Shripati Bhalerao .. Applicant -versus The State of Maharashtra .. Respondent. Mr. Madhav Jamdar, for the applicant in Application No.928 of 2011. Mrs. V. R. Raje, for the applicant in Application No.929 of 2011. Mrs. V. R. Bhosale, APP for the Respondent State in both the applications. CORAM: R.C. CHAVAN, J. DATED: 16th November, 2011 P.C. 1. These two applications are for anticipatory bail, arising out of incident dated 30th September, 2011. There was a meeting about the leases to be renewed by Khadaki Ammunition Board. There were altercations at the meeting in which it was alleged that the applicant Sunil Jadhav in Criminal Application No.928 of 2011, was injured by Arun Shripati Bhalerao and Uday Dhende. Sunil Jadhav gave report at about 2 ABA 928,929 2.35 a.m. on 1.10.2011. Arun Bhalerao the applicant in Criminal Application No.929 of 2011 is supposed to have hit Sunil Jadhav with stick on the right leg. Sunil Jadhav suffered fracture on the right tibia. Uday Dhende, who was named in the F.I.R. by Sunil Jadhav, filed a report at about 10.30 a.m. on 1.10.2011 alleging that Sunil Jadhav and others had caused simple injury to him, abused him and insulted him on the caste. Therefore, an offence under Section under Sections 504, 506, 323 of the Indian Penal Code read with Section 3(1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention) of Atrocities Act, 1989 was registered. 2. Applications of both the applicants were rejected by the learned Additional Sessions Judge, Pune. Today when the applications are taken up for hearing, Uday Dhende, who is present before the Court, tendered an affidavit stating that he has no objection to bail being granted to Sunil Jadhav, which is taken on record. However, since Sunil Jadhav is alleged to have committed offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention) of Atrocities Act, 1989, he cannot be admitted to anticipatory bail. Therefore, the applicant Sunil Jadhav would surrender before the learned trial Court and the learned trial Court would admit him to bail since the presence of Sunil Jadhav and his custodial interrogation may not at all be necessary, considering that the offences alleged are under sections 323, 3 ABA 928,929 504, 506 of IPC and section 3(1)(x) of SC and ST (Prevention) of Atrocities Act. Criminal Application No.928 of 2011 is disposed of. Applicant Sunil Jadhav to surrender before the learned trial Court within a period of one week. Till then the Investigation Officer shall stay his hands. 3. As far as Criminal Application NO.929 of 2011 is concerned, Sunil Jadhav has no objection to Arun Bhalerao being admitting to anticipatory bail. In view of this applicant Arun Bhalerao be released on bail on his furnishing P.R.Bond in the sum of Rs.10,000/- with one or more solvent sureties in the sum aggregating to Rs.10,000/- on the following conditions. i) The applicant shall make himself available on 23rd November, 2011 at 11.00 a.m. for interrogation by the Investigating Officer and thereafter as and when required by the Investigating Officer. ii) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; iii) The applicant shall not leave India without the previous permission of the trial Court. iv) The order shall remain in force till the trial is over with the only stipulation that if chargesheeted the 4 ABA 928,929 applicant may furnish fresh bonds before the trial Court in view of the judgment of the Hon’ble Supreme Court in case of Siddharam Satlingappa Mhetre -vs- State of Maharashtra and ors, in S.L.P No.7615 of 2009. v) Criminal Application Nos 928 and 929 of 2011 are accordingly disposed of. (R. C. CHAVAN, J.)