IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 50 of 2010 Nisar v. State of Maharashtra ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr Amol Mardikar, Adv for applicant Mr A.S. Fulzele, APP for State Coram : A.P. Bhangale, J Dated : 19th January 2010 1. Heard learned counsel for the parties. Applicant is seeking anticipatory bail in connection with Crime No. 255/09 registered with Police Station, Darwha under Sections 307, 452, 427, 353, 333, 506 read with Section 34 of the Indian Penal Code. 2. Learned counsel for applicant submits that complaint is made to take revenge as there is long-standing dispute between the parties. He further submits that custodial interrogation of the applicant is not at all required. On the other hand, learned APP submits that Maruti Van used in commission of crime and weapon of offence are yet to be seized and that custodial interrogation of the applicant is very much necessary. 3. Having heard learned counsel for the parties, it is revealed from the reply that complainant Mohammad received contused lacerated wounds over head; there is suspected fracture of right shoulder joint, chest trauma, blunt abdominal trauma due to head injury etc. In view of this fact, this is not a fit case for grant of anticipatory bail to the applicant. Applicant cannot be used to use anticipatory bail as a shield against crime or investigation which is essential. 4. At this stage, learned counsel for applicant submits that applicant shall surrender before the regular court on or before 28.1.2010 and apply for bail on merits. In view of this statement, following order is passed. 5. Applicant shall surrender before the trial Court/Court concerning remand on or before 28.1.2010 and shall apply for regular bail on merit. In order to enable the applicant to surrender before the Court below, temporary anticipatory bail is granted in his favour of the applicant. Hence, in the event of his arrest in Crime No. 255/09 registered with Police Station, Darwha under Sections 307, 452, 427, 353, 333, 506 read with Section 34 of the Indian Penal Code, applicant be released on temporary anticipatory bail on furnishing PR Bond in the sum of Rs. 25,000/- with one surety in the like amount. Applicant shall attend Investigating Officer as and when directed and shall not try to tamper with prosecution evidence in any manner. Applicant shall leave his fixed address with the Investigating Officer with telephone/cell phone number (if any) and shall communicate change, if therein, in future. Temporary bail so granted shall automatically expire on 28.1.2010. In the mean-time, applicant may surrender before the remand court and apply for regular bail on merit. Application stands disposed of accordingly. Hamdast granted. Judge. hsj