{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2089 OF 2010 Bhaskar s/o Shankar Bedre Age-34 years, Occ-Nil R/o Belwandi, Tq-Shrigonda, Dist-Ahmednagar APPLICANT VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Ahmednagar, Dist-Ahmednagar RESPONDENTS ....... Mrs. S.S.Jadhav, Advocate for the applicant Mr. K.S.Patil, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st July 2010 PER COURT: 1. By the present criminal application the applicant has prayed for pre arrest bail in the event of his arrest in connection with CR No.453/2009 registered with Shrigonda police station for an offence punishable u/s 307, 504, 506 of the Indian Penal Code. 2. As inspite of communication from the office of {2} Government Pleader, the Investigating Officer had not forwarded the papers of investigation, interim protection was granted in favour of the applicant on 17th June 2010. 3. Today, pursuant to the show cause notice issued by this Court, the Investigating Officer is present before this Court. He has submitted the papers of investigation in connection with Crime No.451/2009 and present crime i.e. CR No.453/2009. The Investigating Officer has tendered unconditional apology for not submitting the papers of investigation within time. The apology is accepted and the show cause notice is discharged with a warning not to repeat the same act again. 4. Heard learned counsel for the applicant and learned APP. Perused the papers of the investigation. 5. It appears that this offence is registered with Shrigonda police station against the present applicant and one Balu in respect of an incident, which had occurred in the evening of 18th December 2009 i.e. at 7.45 p.m. It is alleged that on the said day, in the evening, the complainant, while was standing in front of Ithape Complex, heard some commotion and noticed that the present applicant had took a quarrel with his brother and when he reached at the spot, he found that the applicant had slapped on the face of his brother and thereafter, his brother was assaulted by the applicant with an iron rod on the head as well as {3} on legs of the brother of the complainant. It is alleged that the brother of the complainant sustained serious injuries and he became unconscious and hence two persons, Nitin and Deepak, took him to Pune for medical treatment at Jahangir Hospital. This is the cause shown by the complainant for the delay in reporting the matter to the police. From perusal of the facts mentioned in the complaint it is clear that though the injured was allegedly taken to Pune for medical treatment, the complainant had not gone to Pune along with the injured. However, it is nowhere stated as to what was his difficulty in immediately lodging the report of the incident to the police. 6. During the course of submissions, advanced on behalf of the applicant, my attention is drawn towards another complaint registered in the Shrigonda police station itself at the instance of present applicant, on the basis of which CR No.451/2009 is registered. The date, place and time of the incident is the same as are mentioned in CR No.453/2009. In the complaint lodged by the applicant, it is alleged that when the applicant was standing opposite Ithape Complex, 12 persons came there and took a quarrel with him on the point that the applicant had quarreled with one Uttam Dhake. It is also alleged that during the altercation, the present applicant was assaulted seriously by the said 12 persons and hence he immediately rushed to rural hospital, Shrigond where while he was under treatment, at 9.10 p.m. police recorded his statement and hence CR No.451/2009 {4} came to be registered against the complainant who has lodged CR No.453/2009. 7, Learned APP has placed on record the papers of the medical treatment provided to the brother of the complainant in Jahangir Hospital, Pune. Perusal of the brief history, which was given in Jahangir Hospital, indicates that in the said history the place of incident, the time of incident so also the weapon of the assault is also changed. As in the complaint it is alleged that the incident occurred at Belwandi at 7.45 p.m. and the brother of the complainant was assaulted by the applicant with iron rod and in the alleged history, it is stated that the incident had occurred at Shrigonda at 9.30 p.m. and the injured was assaulted with a stone of cement concrete. Thus, the complaint at CR No.453/2009 creates doubt and does not inspite confidence about the veracity of the complainant. Apart from it, it is informed that treatment of the applicant is still going on and he has become handicapped and disabled due to the assault on him and till date he is unable to walk. In the premise and considering the variance in the facts disclosed in the complaint and facts disclosed in the hospital, case is made out to enlarge the applicant on anticipatory bail, in exercise of the discretionary powers vested in this Court. 8. In the result, the application is allowed. The interim protection granted to the applicant vide order dated 17.06.2010 is hereby confirmed. It is informed that now the investigation is over, {5} however charge sheet is not yet filed. Therefore, the this protection is granted till filing of the charge sheet and thereafter, the applicant may take appropriate legal recourse by applying for regular bail before the competent criminal court. Accordingly, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln2089-10