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. 3491 OF 2011 MADHUKAR DADUJI CHANDANE VERSUS THE STATE OF MAHARASHTRA AND ANR ... Advocate for Petitioner(s) : Mr. Ghanekar Nilesh S. APP for Respondent(s): Mr. G.R.Ingole. Mr. S.S. Laddha advocate Assist To A.P.P. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 26, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. It appears that interim anticipatory bail was granted to the applicants by this Court as per order dated 10.8.2011. 2. The applicant has preferred present application seeking anticipatory bail, apprehending their arrest under Crime No. 128/2011, registered at City Chowk, Police Station, Aurangabad, District Aurangabad for the offences punishable under sections 302, 452, 506, 34 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by one Raju Lahanu Gaikwad, on 8.5.2011 i.e. who is son of the victim namely Raju Lahau Gaikwad. It is alleged that on 7.5.2011, at about 09.00 to 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 09.30 p.m. when the victim was at his residence, owner of the said building namely Gautam Pagare and one Guddu and Rahul Wagh came to the residence of the victim and asked him to vacate the said premises and thereby victim was apprehended. It is also alleged that said persons stated that Madhukar Chandane has sent them. It is also alleged that, there after Gauram poured kerosene on the person of the victim and Rahul Wagh pressed his mouth and Guddu lit the match stick and set him ablazed. It is also alleged that said persons threatened him that if their names were disclosed, he would kill them and there after they went out of the house and latched the door from outside and went away. 4. Apparently, M.L.C. which was registered immediately after the occurrence of the incident at about 10.00 p.m. on 7.5.2011, discloses that victim Raju immolated himself since he had quarrel with Gautam Pagare and Rahul Wagh on the issue of vacating premises. Thereafter, first dying declaration of the victim which was recorded by Head Constable Sasane, wherein victim Raju Gaikwad narrated the incident as mentioned herein above and wherein the finger against the applicant was raised that he had sent Gautam Pagare and Rahul Wagh to his residence. Thereafter, second dying declaration was recorded on 8.5.2011 at about 3.10 a.m by Special Executive Magistrate and it is material to note that 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 there is no whisper in respect of the name of the applicant in the said dying declaration and said dying declaration is silent in respect of the involvement of the applicant in the alleged offence. 5. Accordingly, it is apparent that, there are variances in the versions of the victim Raju Gaikwad himself and therefore, complicity of the applicant in the alleged crime is apparently in doldrums. Considering the accusations made against the applicant, I am of the view that, apparently, there is no necessity of custodial interrogation of the applicant. Moreover, it is submitted that chargesheet has been filed against other co-accused persons. Hence, interim anticipatory bail granted in favour of the applicant deserves to be made absolute. 6. In the result, present application is allowed and interim anticipatory bail granted to the applicant on 10.8.2011 stands confirmed on the following conditions :- i) The applicant shall give attendance before the concerned Investigator once in a week i.e on every Wednesday between 05.00 p.m. to 07.00 p.m. till filing of the Charge sheet against the applicant herein and shall cooperate in the investigation. 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 ii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 7. Present application stands disposed of finally. These observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) AAA/- ***