Cri. Apln. Nos. 2242 & 2119 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2242 OF 2011 Vijay s/o. Vitthalrao Chavan, Age 25 yrs., Occu. Agri., R/o. Krushi Sarthi Colony, Parbhani, Tq. & Dist. Parbhani. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. S.J. Salunke, Advocate for applicant. Mr. S.G. Nandedkar, APP for respondent. AND CRIMINAL APPLICATION NO. 2119 OF 2011 Gangadhar s/o. Baburao Jawanjal, Age 30 yrs., Occu. Agri., R/o. Nandgaon, Tq. & Dist. Parbhani. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. A.M. Karad, Advocate for applicant. Mr. S.G. Nandedkar, APP for respondent. Mr. M.P. Kale, Advocate for original complainant. Cri. Apln. Nos. 2242 & 2119 of 2011 2 CORAM : T. V. NALAWADE, J. DATED : 7th June, 2011. PER COURT : 1. Criminal Application No. 2242/2011 is filed under section 439 and Criminal Application No. 2119/2011 is filed under section 438 of Criminal Procedure Code in Cr. No. 75/2011 registered in Nanalpeth Police Station, Dist. Parbhani. The Crime is registered under section 307, 149, 353 etc. of the Indian Penal Code and also for offence under section 7 of the Criminal Law Amendment Act. APP has made the papers of investigation available for perusal. For the original complainant, the injury certificate in respect of the Government employee, who gave report came to be produced. This Court has heard all the parties. 2. The report is given by one Ashok Dahale, who is working as Clerk in the office of Zilla Parishad, Parbhani. The incident took place on 30.4.2011 after 1.45 p.m. He has made allegations that the applicant from second proceedings viz. Gangadhar Jawanjal, who is the President of Youth Wing of NCP, a political party, for District Parbhani came to the office and six to seven person were in the company of this accused and after entering in the office of Zilla Parishad, they started questioning Ashok Dahale. Allegations are made that by saying that the posture of Ashok was not correct when he was sitting, Jawanjal gave slap to Ashok. Then Jawanjal asked Ashok as to why Ashok had not come to the spot where the persons who were doing agitation were sitting. Allegations are Cri. Apln. Nos. 2242 & 2119 of 2011 3 made that abuses were given. It is contended by the complainant that when he replied that due to the fear he did not visit the spot, Jawanjal expressed that nothing can be done against him even if he finishes Ashok. Allegations are made that Jawanjal lifted a wooden chair and hit the wooden chair on the head. Ashok sustained injury. Then Jawanjal instigated his colleagues to give beating to Ashok and after that beating was given by the associates of Jawanjal to Ashok. Some employees of the office somehow rescued Ashok. 3. Injury certificate shows that Ashok was examined on 30.4.2011 at 2.40 p.m. and CLW was found on occipital region having size of 2 cm x 2 cm. It was caused by hard and blunt object and the age was within 24 hours. The certificate shows that Ashok was discharged from Government Hospital on 6.5.2011. The papers of investigation show that police have recorded statements of other employees as eye witnesses. Supplementary statement of Ashok was recorded in which a photograph of the applicant Vijay from first application was shown. Ashok identified applicant Vijay. Police custody remand was obtained against Vijay for few days. After that he was committed to MCR. It was submitted for the State that remaining persons are not yet traced out and custodial interrogation is necessary in respect of Jawanjal. 4. Police papers show that even when the name of applicant Vijay Cri. Apln. Nos. 2242 & 2119 of 2011 4 Chavan was not mentioned in FIR, police could trace him, but police could not arrest the applicant Jawanjal, who is the President of Youth Wing of political party, NCP. It was submitted for this applicant that application for anticipatory bail was preferred in Sessions Court. In any case, this circumstance needs to be kept in mind. 5. For Jawanjal his advocate cited a case reported as AIR 2011 SC 312 [ Siddharam Satlingappa Mhetre vs. State of Maharashtra & Ors.] and he pointed out the observations made by the Apex Court in paragraph Nos. 93, 97 and 122. The Apex Court has observed that it is not the law that only in exceptional cases the relief of anticipatory bail can be given. In paragraph No. 122 the Apex Court has given criteria which need to be considered at the time of inquiry of application filed for anticipatory bail. There cannot be dispute over the proposition made by the Apex Court and the criteria given in paragraph No. 122. 6. It is true that in such a proceedings the Court has to see that the balance between the personal liberty and the interest of the society is maintained. The aforesaid circumstances show that the applicant from second proceedings viz. Jawanjal is an influential person and he could avoid his arrest for more than one month of the incident. Police arrested applicant Vijay even when his name was not mentioned in FIR. Such approach of investigating agency sends wrong signal to society and that Cri. Apln. Nos. 2242 & 2119 of 2011 5 creates doubt about entire system. The balance between the personal liberty and the interest of the society gets disturbed if different approach is taken in respect of such influential persons. Allegations against Jawanjal is that he entered the office of Zilla Parishad with his men, he used force against employee of Zilla Parishad and he caused bleeding injury to Ashok by using wooden chair. Such incidents are increasing day by day and influential persons are showing courage to do any such thing. In such cases lenient view cannot be taken. So, his application is liable to be rejected. 7. The injury certificate shows that only one injury was found on occipital region of Ashok. Though applicant from first proceedings Vijay is identified by Ashok, no other injury was found on the person of Ashok. It is already observed that the poor, helpless workers who act at the instance of the leaders, suffer in such cases and in the present case also Vijay came to be arrested even when his name was not mentioned in FIR. As material collected by police is insufficient to show that Vijay did not cause any injury to Ashok, this Court is of the opinion that Vijay deserves the relief of bail. So, the following order. (1) Criminal Application No. 2242/2011 stands allowed. (2) Applicant Vijay Chavan, in Cr. No. 75/2011 registered with Police Station Nanalpeth, Dist. Parbhani, be released on bail on furnishing PR Cri. Apln. Nos. 2242 & 2119 of 2011 6 and SB of Rs. 15,000/- (Rupees fifteen thousand). He is not to tamper the prosecution witnesses and he is not to visit the vicinity of the house of the complainant or the place of Zilla Parishad where the arrangement is made for sitting of Ashok till the disposal of the case, if any, will be filed against him. (3) Criminal Application No. 2119/2011 of Gangadhar Jawanjal stands rejected. [ T. V. NALAWADE, J.] ssc/criapln2242.11