(1) Cri. Application No. 3626 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3626 of 2011 1. Baban s/o. Digambar Miskin, Age : 50 years, Occupation : Agriculture, R/o. Domgaon, Taluka : Paranda, District : Osmanabad. 2. Mahadeo s/o. Nivrutti Miskin, Age : 60 years, Occupation : Agriculture, R/o. as above. .. Applicants. versus 1. The State of Maharashtra, Through Police Station, Paranda, Dist. : Osmanabad. 2. The Sub-Divisional Police Officer, Bhoom, Taluka : Bhoom, District : Osmanabad. .. Respondents. ....................... Mr. Abhijit S. More, Advocate, for the applicants. Smt. R.K. Ladda, Additional Public Prosecutor, for respondent nos.1 and 2. (2) Cri. Application No. 3626 of 2011 ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 19TH SEPTEMBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose and heard learned Counsel for respective parties, finally. 2. This is an application preferred by the applicant nos.1 and 2, seeking anticipatory bail, apprehending their arrest in connection with Crime No. M-8/2011, registered at Police Station, Paranda (District : Osmanabad), for the offences punishable Section 3(1)(x)(vii)(iv) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, and under Sections 211, 506, read with Section 34 of Indian Penal Code. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Prakash s/o. Sambhaji Gaikwad, on 19th April 2011, since he filed private complaint in the court of Judicial Magistrate (F.C.), Paranda, on the said date, in respect of the incident dated 27th August 2010, in the morning at about 08.00 a.m., and also (3) Cri. Application No. 3626 of 2011 regarding the incident allegedly occurred on 11-10-2010 at about 10.00 a.m., at Domgaon (Taluka : Paranda, District : Osmanabad). It is alleged that the applicant no.1 Baban abused the complainant by saying, "Mahara tuzhi khurchiwar basnyachi layaki tari ahe kaya ?". Applicant no.2 Mahadeo and other co- accused asked the complainant to sit down and made him to sit down. The incident allegedly occurred in the office of Grampanchayat and the political rivalry between two groups i.e. complainant party and accused party appears to be the background of the said incident. 4. It is significant to note that although the alleged incident pertains to 27th August 2010, and also 11th October 2010, the complaint came to be lodged belatedly after 7 - 8 months i.e. on 19th April 2011, and apparently, no explanation has been given for the said delay in the said complaint. Moreover, statement of Shri S.M. Mundhe, Gramsevak, dated 15-10-2010 (page 12 of the application) discloses that no such incident occurred on the relevant day i.e. on 11-10-2010. So also, the Extension Officer has submitted report to the Block Development Officer on 22-11-2010 (page 26 of the application), which reflects that no legal action was suggested in respect of the alleged incident dated 11-10-2010. (4) Cri. Application No. 3626 of 2011 5. Besides, the investigation papers disclose that the statements of about 4 - 5 witnesses have been recorded and there is no grievance of the respondent that the applicants attempted to pressurize and/or influence upon the witnesses. It appears that the investigation has been almost completed. 6. Considering the accusations made against the applicants and the nature and gravity thereof, and more particularly, considering the aforesaid defects and deformities, and the unexplained delay in lodging the complaint, and further considering the political touch to the matter, even though there is bar under Section 18 of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, exception deserves to be made out in the present case and the applicants deserve anticipatory bail as it appears that custodial interrogation of the applicants is not necessary for further progress in the investigation, and therefore, present application is required to be allowed, but on certain conditions. 7. In the present Criminal Application is allowed, and it is directed that in the event of arrest of applicant no.1 Baban, and applicant no.2 Mahadeo, in connection with Crime No. M-8/2011, registered at Police Station, Paranda (District : Osmanabad), they be released on bail, on furnishing P.R. Bond in (5) Cri. Application No. 3626 of 2011 the sum of Rs. 15,000/-, each, with one surety in the like amount by each of them, on following conditions : (i) Applicant no.1 Baban and applicant No.2 Mahadeo shall give attendance before the concerned investigator, twice in a week on every Monday and Thursday, between 04.00 p.m. to 07.00, till filing of charge sheet, and shall cooperate in the investigation, and (ii) Applicant no.1 Baban and applicant No.2 Mahadeo shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8. Present Criminal Application stands disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE bgp/ka3626