1 cri3976.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3976 OF 2011 1. Mustaque (Bhurya) Ahmed Rais Ahmed 2. Mohammad Mustafa Mohammad Ali (Sakib Bhujiwala) 3. Mohammad Faruque Mohammad Haroon (Wldingwala) 4. Irfan Ahmed Fazlu Raheman ..Applicants -VERSUS- The State of Maharashtra and another ..Respondents ..... Mr. C.R. Deshpande, Advocate for applicant nos. 1 to 4 Mrs. R.K. Ladda, APP for respondents ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 29th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. After hearing learned counsel for the respective 2 cri3976.11 parties extensively, Mr. C.R. Deshpande, the learned counsel for the applicants, on telephonic instructions, stated that applicant no.2-Mohammad Mustafa Mohammad Ali (Sakib Bhujiwala) and applicant no.3-Mohammad Faruque Mohammad Haroon (Wldingwala) have surrendered themselves before the Investigating Agency and they have been taken into custody and thereafter released on bail, and therefore, he seeks leave to withdraw the present application to the extent of applicant nos. 2 and 3. 3. In view of the said submission, the present application to the extent of said applicant nos. 2 and 3 stands dismissed as withdrawn. 4. As regards the applicant nos. 1 and 4, they have preferred the present application seeking anticipatory bail apprehending their arrest, in connection with C.R. No. 124/2011, registered at Deopur Police Station, Dist. Dhule, for the offences punishable under Sections 326, 143, 147, 148, 149 of the Indian Penal Code and Section 37(1)(3) and 135 of the Bombay Police Act. 3 cri3976.11 5. It appears that the crime has been registered on the basis of the complaint lodged by the complainant namely; Shaikh Firoj Shaikh Salim on 31st August, 2011. It also appears that the alleged incident occurred on account of parking the motor cycle. The contents of the said F.I.R. also reflects that although the applicant no.1-Mustaque (Bhurya) Ahmed Rais Ahmed and applicant no.4-Irfan Ahmed Fazlu Raheman were present on the spot armed with iron tommy and iron rod respectively, they have not used the said weapon during the occurrence of the incident and the contents of the complaint are silent in respect of overt act/assault made by said applicant nos. 1 and 4 during the occurrence of the incident. Accordingly, no specific role has been attributed to the applicant nos. 1 to 4 in occurrence of the incident. 6. In the circumstances, considering the accusations made against the applicant nos. 1 and 4 and the nature and gravity thereof apparently, there is no necessity of custodial interrogation of the applicant nos. 1 and 4 and hence, the interim anticipatory bail granted to 4 cri3976.11 them on 15th September, 2011, deserves to be made absolute, but on certain conditions. 7. In the result, the present application is allowed partly to the extent of applicant no.1-Mustaque (Bhurya) Ahmed Rais Ahmed and applicant no.4-Irfan Ahmed Fazlu Raheman and interim anticipatory bail granted in their favour on 15th September, 2011 stands confirmed on the following conditions : (i) The applicant nos. 1 and 4 shall give attendance before the concerned Investigator, once in a week i.e. on every Mandy between 4 p.m. to 7 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) The applicant nos. 1 and 4 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. However, the present application in respect of the 5 cri3976.11 applicant nos. 2 and 3 stands dismissed as withdrawn. 9. The present Criminal Application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3976.11