IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1425 of 2010 Anil Motial Varma ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Ballarpur, Dist. Chandrapur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. V.M.KItey, Advocate for the applicant. Mr. C.N.Adgokar, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 21 st September , 2010 . 1. Heard Mr. V.M.Kitey, learned Advocate for the applicant and Mr. C.N.Adgokar, learned APP for the respondent – State. 2. By the present application, the applicant has prayed for grant of anticipatory bail in Crime No. 97/2010, registered at Police Station, Ballarpur, Dist Chandrapur for the offences punishable under Sections 307, 143, 147, 148, 149, 427 and 504 of Indian Penal Code. 3. In the report lodged at Ballarpur police station dated 24/6/2010 the informant Gopi Patri reported that on 24/6/2010 at about 7.45 p.m., he met with one Suraj at one pan shop. When he was having talk with Suraj, one Mansoor Ahmad along with the other accused persons namely Chhotu Kalya, Anil Murra, Paroj, Javed, Ranjit Yadav and Deepak Yadav came on the spot. They were armed with stick and iron pipe and started beating Suraj. Suraj was seriously injured and became unconscious. 4. Mr. Kitey, learned Advocate for the applicant submits as under :- a] The applicant is an elected Councilor of Municipal Council, Ballarpur and Special Executive Magistrate for Chandrapur district. b] Bare perusal of the First Information Report shows no role attributed to the applicant. c] The applicant is innocent and he is involved in the aforesaid crime only because of political rivalry. d] The applicant is a responsible citizen of Ballarpur town and is discharging his duties as an elected Councilor. e] The applicant is apprehending arrest. f] The applicant is ready to cooperate with the investigating agency. 5] The respondent-State has filed its reply through Shri Suresh Haware, Police Sub Inspector, Police Station, Ballarpur. 6] Mr. Adgokar, learned APP for the respondent-State has opposed the application on the following grounds :- a] The informant Gopi Patri has specifically stated the presence of the applicant on the spot, armed with the stick. b] The investigating agency is yet to seize the weapons used in the crime and it is in the process of collection of the evidence. 7] After considering the submissions of the learned Advocates and the reply filed by the respondent-State, it is clear that there is no role attributed to the applicant nor any over tactics alleged against the applicant. It is also brought to the notice of this court that main assailant namely Mansoor Ahmed, who was armed with iron rod and made attack on the victim Suraj, is released on bail by this Court by order dated 30/8/2010. The objections raised by learned APP for the State can be taken care of by putting certain conditions on the applicant to ensure that the applicant cooperates with the investigating agency. 8] This Court by order dated 07/9/2010 has granted interim protection to the application on certain conditions and I am inclined to confirm the interim order on the same conditions with an additional condition that the applicant shall attend Ballarpur Police Station every Sunday between 9.00 a.m. to 12.00 noon till filing of the charge sheet. 9] Criminal Application is allowed and disposed of accordingly. 10] Hamdast permitted. JUDGE Diwale