{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3797 OF 2009 Ramkisan s/o Ramchandra Meher & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.S.Thombre, Advocate for applicant Mr.N.R.Shaikh, APP for the respondent State Mr.L.V.Sangit, Advocate assisting to learned APP ....... [CORAM : A.V.POTDAR, J.] DATE: 30th November 2009 PER COURT: 1. By the present application, the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.178/2009 registered with Badnapur police station for an offence punishable u/s 326, 323, 504 and 506 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP, who is assisted by Mr.Sangit. Perused the papers of investigation. {2} 3. During the course of submissions, it is urged by the learned counsel for the applicants that the present application is not pressed for applicant No.3 Reghuvir, as according to him, the complainant has alleged a serious role against said Reghuvir. The complaint discloses that there was scuffle between the two groups. It is urged that considering the fact that there was scuffle between the two groups, the applicants No.1, 2 and 4 be released on anticipatory bail in the event of their arrest in connection with the said offence. 4. The application is opposed by the learned APP on the ground that the applicants are avoiding arrest and the weapons used during the commission of offence is yet to be recovered and hence the custodial interrogation of the applicants is necessary. 5. It appears that the applicants have also filed a complaint against the complainant and his associates and on that basis an offence at CR No.179/2009 is registered. Bare perusal of both the complaints discloses that both the crimes are registered on the basis of a scuffle which took place between the present applicants and the complainant and his associates. The medical certificate of the applicants are also shown to me, which show that both the parties have participated in the said scuffle. While deciding the bail application it is not expected to consider as to which party was aggressive. In the premise, the applicants do not {3} deserve liberty when the complaint and the investigation papers show participation of the applicants in the commission of the offence and hence it cannot be said that they are falsely implicated in the said offence. 6. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/criapln3797-09 {4} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4189 OF 2009 IN CRIMINAL APPLICATION NO. 3797 OF 2009 Bhavsing s/o Tanasingh Sihire APPLICANT VERSUS Ramkisan s/o Ramchandra Mehar & others RESPONDENTS ....... Mr.L.V.Sangit h/f Mrs.M.L.Sangit, Advocate for applicant Mr.S.S.Thombre, Advocate for original accused Mr.N.R.Shaikh, APP for the respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 30th November 2009 PER COURT: 1. By the present application, the applicant has prayed that he may be allowed to assist the APP in opposing the criminal application No.3797/2009. Heard learned counsel for the parties. For the grounds stated in the application, the application is allowed. Learned counsel for the applicant is permitted to assist the APP. [A.V.POTDAR, J.] drp/criapln3797-09