1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2130 of 2010 (Dhondiba Manikrao Sargodwad and others vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.A.M.Gaikwad, Advocate for the applicant. Mr.D.V.Tele, APP for the respondent State/R.nos. 1 and 2. Mr.B.N.Patil, Adv., for Resopondent No.3. ... CORAM: A.V.POTDAR, J. DATE:14-7-2010 P.C.:- 1. By the present application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with R.C.C.No.131/2005, pending on the file of Judicial Magistrate, First Class, Loha, in which the process was issued by the learned Magistrate on 29th of January, 2010. 2. Heard Counsel for the applicants, learned A.P.P. for the respondent State and also Counsel 2 for respondent no.3/original complainant, who has filed private complaint No.131/2005 before the Judicial Magistrate, First Class, Loha. 3. Considering the submissions advanced across the Bar by the Counsel for the applicant, learned A.P.P., as well as Counsel for the original complainant, certain facts cannot be disputed, as these facts are matter of record, viz. the dead body of deceased Shivaji, son of third respondent, was found in a well situated in the field of one Nagorao Shinde. On the basis of this, report was lodged by the third respondent with Sonkhed Police Station and, accordingly, A.D.No.12/2005 was registered on 29th August, 2005. Subsequent to that, private complaint was lodged by the third respondent against the present applicants in the Court of Judicial Magistrate, First Class, Loha, on 20.9.2005. This private complaint was numbered as RCC No.131/2005. It further appears that the learned 3 Judicial Magistrate, First Class, Loha, passed an order to carry out the investigation under Section 156 (3) of Cr.P.C. and, accordingly, offense was registered vide MAR No.1/2005 on 27th August, 2005. It appears, after completion of investigation, Police filed "B" Summary report on 18th May, 2006. It further appears that within the meantime, application was moved by the third respondent before the said Judicial Magistrate, First Class, to hand over the investigation in this matter to the Local Crime Branch ( L.C.B.) vide his order dt.31.3.2007. It further appears that, after completion of investigation, L.C.B. have also submitted a report on 31.5.2007 before the Judicial Magistrate, First Class, Loha. This report indicates that no offense was detected against the present applicants but the report further indicates that on the day when the dead body was found in the well of Nagorao Shinde, prior to that, quarrel took place between third 4 respondent/the complainant and the deceased on the count that the wife of the deceased was not cohabiting with him and was residing with her parents. The report further disclosed that the age of the wife of the deceased was more than the age of the deceased and, on that count, the wife was not cohabiting with the deceased. On this count, there were frequent quarrels between the deceased and the third respondent/original complainant and, on that count, soon before the alleged incident occurred either a suicidal death or a homicidal death - the deceased was assaulted by the third respondent. Inspite of this report, it appears that, instead of taking any action against the third respondent/the complainant, the process was issued against the applicants against whom report was submitted by the two competent authorities that no offense was detected. Learned A.P.P. fairly conceded this position but, according to the Counsel for the original 5 complainant, considering serious nature of the offense, the application may not be allowed. 4. Considering the papers of investigation which are placed in my hand, the directions are required to be issued to the concerned Police to start investigation about the role played by the original complainant, who is respondent, who had alleged that the death of the son occurred at the instance of the applicants but, it smells some foul-play between the complainant and the deceased. Considering this aspect, case is made out to enlarge the applicants on pre-arrest bail but with certain directions to the Police. Hence,the order: ORDER (a) Application (No.2130/2010) is allowed. Interim protection which is granted to these applicants vide order dt.11th June, 2010, is hereby confirmed 6 and is continued for a period of one month during which period the applicants may apply for regular bail. It is hereby directed that the Police Inspector, Sonkhed Police Station, to start investigation from the angle whether the respondent no. 3/original complainant is involved in this offense behind the death of his son and submit necessary report before the Judicial Magistrate, First Class, Loha, who will deal with the situation after receipt of the report in accordance with law. Application stands disposed of accordingly. (A.V.POTDAR ) JUDGE ... agp/2130-10crapl