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. 4254 OF 2011 1.VASANT BAPUSAHEB DESHMUKH 2. BABAN BANSI DESHMUKH. 3. GANGADHAR KISAN DESHMUKH. VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Zarekar Ajit S. APP for Respondent(s): Mr. D.R.Korde. ... CORAM : SHRIHARI P. DAVARE, J. Dated: October 17, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. After hearing the learned respective counsel for the parties extensively, Mr. Zarekar learned counsel for the applicants, on instructions, seeks leave to withdraw present application to the extent of applicant No.1 namely Vasant Bapusaheb Deshmukh. 3. In view of said submission, leave granted and present application stands dismissed as withdrawn in respect of applicant No.1 namely Vasant Bapusaheb Deshmukh and is disposed of finally. 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 4. As regards the applicant Nos. 2 and 3, they have preferred present application seeking anticipatory bail, apprehending their arrest under Crime No.I-371/2011, registered with Pathardi Police Station, District Ahmednagar for the offences punishable under sections 326, 325, 323, 504, 506 r/w 34 of Indian Penal Code. 5. It appears that offence has been registered on the basis of the complaint lodged by the complainant namely Laxman Ananda Supekar on 6.9.2011 against the applicant nos. 2 and 3 and other co-accused persons. It is alleged therein that, the applicant nos. 2 and 3 came in front of the house of the complainant at about 07.00 a.m. on 6.9.2011 and asked him why he took water from the water container and gave abuses to him and when son namely Abasaheb and daughter-in-law Sangita of the complainant intervened to relieve the complainant, the applicant No.3 Gangadhar Kisan Deshmukh assaulted by handle on the right hand wrist and caused fracture as well as assaulted on the back, whereas the allegations against the applicant No.2 Baban Deshmukh is that he assaulted Abasaheb by leg kicks and fist blows. The contents of the First Information Report no where discloses that upon whom the applicant No.3 Gangadhar assaulted and said contents of the complaint are silent, to which person applicant No.3 Gangadhar assaulted on the right hand wrist 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 by the handle. It is no where clarified that the applicant No.3 used which handle for the said assault. Even assuming for the sake of assumption without admitting that the applicant No.3 Gangadhar assaulted Sangita by handle, injury certificate of Sangita states that no fracture was noted and injury sustained by Sangita is a simple injury, and hence, the applicant No.3 Gangadhar deserves anticipatory bail. 6. As regards, applicant No.2 Baban Bansi Deshmukh, there are general and omnibus allegations against him that he assaulted complainant’s son Abasaheb by leg kicks and fist blows and apparently, he has not used any weapon during the occurrence of the incident. Moreover, injury certificate of Abasaheb discloses that he sustained abrasions and simple injuries and not beyond that. Hence, his application for grant of anticipatory bail also deserves to be considered. 7. In the circumstances, considering the accusations made against the applicant nos. 2 and 3 and nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicants for further progress in the investigation and hence, they deserve the grant of anticipatory bail, but on certain conditions :- 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 8. In the result, present application is allowed partly to the extent of applicant Nos.2]- Baban Bansi Deshmukh and 3] Gangadhar Kisan Deshmukh and interim anticipatory bail granted to applicant No.2] Baban Deshmukh stands confirmed on the following conditions. Moreover, it is directed that in the event of arrest of applicant No.3] Gangadhar Kisan Deshmukh, under Crime No.I-371/2011 registered with Pathardi Police Station District Ahmednagar, he be released on bail, on his furnishing P.R.Bond in the sum of Rs.15,000/- with one surety in the like amount on the following conditions :- i) The applicant nos. 2 and 3 shall give attendance before the concerned Investigator once in a week i.e. on every MONDAY between 04.00 p.m. to 07.00 p.m. till filing of the Charge sheet and shall cooperate in the investigation. ii] The applicant nos. 1 to 3 shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 9. Present application of applicant No.1 namely Vasant Bapusaheb Deshmukh stands dismissed as withdrawn as aforesaid. 10. Present application stands disposed of finally. 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 11. The above observations are the primafacie in nature, same may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***