1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3337 OF 2010 1. Kisan Jaywant Wagh, Age 36 yrs., Occu. Agril., R/o. Kashti, Tq. Sarigonda, Dist. Ahmednagar. 2. Hrushikesh Shiledar Bhosale, Age 30 yrs., Occu. Driver, R/o. Sangli-Dumala, Tal. Shrigonda, Dist. Ahmednagar. 3. Ashok Changdeo Kamble, Age 35 yrs., Occu. Agriculture, R/o. Tandari, Tq. Shirur, Dist. Pune. ....Applicants. Versus 1. The State of Maharashtra Through Police Station Shrigonda. 2. The Superintendent of Police, Ahmednagar, Tq. & Dist. Ahmednagar. ....Respondents. WITH CIVIL APPLICATION NO. 3125 OF 2010 1. Sandip s/o. Ashok Pachpute, Age 36 yrs., Occu. Agri. & Business, R/o. Kashti, Tq. Shrigonda, Dist. Ahmednagar. ......Applicant. Versus 1. The State of Maharashtra Through Police Station Shrigonda, Tq. Shrigonda, Dist. Ahmednagar. 2. The Superintendent of Police, Ahmednagar, Tq. & Dist. Ahmednagar. ....Respondents. 2 Mr. J.S. Gavane, Advocate for applicants in both applications. Mrs. B.R. Kale, A.P.P. for respondents. CORAM: V.R.KINGAONKAR, J. DATED: 25th August, 2010. PER COURT : 1. Both these applications are being disposed of together inasmuch as they arise out of same incident which allegedly occurred on 18th July 2010 at about 10.00 a.m. 2. The applicants are apprehending their arrest in connection with Crime No. I-256/2010 registered at Shrigonda Police Station for offence punishable under sections 326, 324, 323, 504 and 506 read with 34 of I. P. Code. 3. Perusal of the F.I.R. purports to show that on 18th July 2010 at about 9.00 a.m. complainant-injured Motilal Divekar was driving a truck vehicle towards Shrigonda. The applicants were travelling in a jeep vehicle which was going from behind the said truck vehicle. Applicant Sandip and other three applicants stopped the said jeep vehicle and rushed towards the truck vehicle which was stopped nearby road. They inquired with the complainant as to why the truck vehicle had not given proper side for passage of the jeep vehicle. They picked up a quarrel with him. They assaulted him and Satyawan Divekar who happens to be 3 nephew of the complainant by means of kicks and fists. In the meanwhile, applicant Sandip rushed back to the Scorpio jeep vehicle, picked up iron rod and dealt blows on the heads and backs of the complainant and his nephew. Both of them were injured. 4. Having heard learned counsel for the applicants and learned A.P.P. and on perusal of the investigation papers, it prima facie appears that the incident took place without any prior planing. It also appears that while the three applicants Kisan and others had rushed towards truck vehicle in order to ask for explanation of the complainant for not giving the side to the Scorpio jeep vehicle, the quarrel ensued and while they were beating the complainant by means of fist blows, all of a sudden, applicant Sandip went back to the jeep vehicle and picked up the iron rod. The incident occurred at spur of moment. It was applicant Sandip alone who assaulted the complainant and his nephew. The medical certificates indicate that the complainant and his nephew received serious injuries. 5. Applicants Kisan and others, who have filed Criminal Application No. 3337 of 2010 may not be knowing the sudden act of applicant Sandip and his nephew. Under these circumstances, there is no prima facie material to show that applicants Kisan and others have committed any cognizable offence. Hence, they are entitled to seek liberty since their arrest is not necessary for effective investigation of the case. Nothing is 4 recovered from them. They are likely to be humiliated due to arrest. It would suffice if they are granted liberty with certain conditions in order to ensure proper investigation. However, the applicant Sandip is prima facie involved in the commission of cognizable offence and therefore, his application will have to be dismissed. 6. In the result, Criminal Application No. 3125/2010 stands dismissed. Criminal Application No. 3337/2010 is allowed. Applicants Kisan Wagh, Hrushikesh Bhosale and Ashok Kamble are directed to be released on bail, in the event of their arrest, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand) each before the Arresting Officer and on condition that they shall attend the concerned police station on each Tuesday and Saturday between 10.00 a.m. to 2.00 p.m. and to co-operate with the Investigating Officer. They shall attend the police station for four weeks hereinafter or till the filing of the charge-sheet whichever is earlier. They shall not contact with any of the prosecution witness during the period of investigation and shall make no attempt to tamer with the evidence of the prosecution. [ V.R.KINGAONKAR, J.] ssc/ca3337.10