{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2903 OF 2010 Rajendra s/o Damodar Kute & 5 others APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mrs. S.S.Jadhav h/f Mr.S.S.Panale, Advocate for the applicants Mr. P.P.More, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 29th July 2010 PER COURT: 1. By this application, total 6 applicants, who are police officers from Nashik District, have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.65/2010 registered with Majalgaon police station, Dist-Beed for an offence punishable u/s 304, 331, 342 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicants followed by learned APP. Also perused the papers of investigation, carried out till today. {2} 3. It appears that on 2nd April 2008 an offence was registered at CR No.92/2008 with Malegaon police station, Dist- Nashik for an offence punishable u/s 395 of the IPC, against unknown persons. It appears that during the investigation of the said offence, one person by name Namdeo Abuse was arrested on 17.04.2008, in whose interrogation it transpired that the said offence was committed by a gang headed by a goon Sarjerao Jadhav, a history sheeter against whom about 19 offences of dacoiety and attempt of murder were registered in different districts within the state of Maharashtra. It also transpired that said Sarjerao was resident of village Telgaon, Tq-Majalgaon, Dist- Beed. Accordingly, a team from Local Crime Branch Nashik was sent to search said Sarjerao and SP Beed was requested to assist the police team from Nashik in tracing the said accused. It appears that on 18th April 2008 a secret information was received that in the evening said Sarjerao was to visit a hotel situated in front of Majalgaon Sugar Factory. Accordingly, a trap was arranged. It appears that sensing trouble, said Sarjerao, taking advantage of dark and forest area, fled away from the said hotel and hence the police team, who had participated in combing operation, could not trace the accused Sarjerao. However, in the early hours of 19th April 2010 information was received that said Sarjerao was lying in a quarry. From the said quarry, said Sarjerao was taken and as he had sustained injuries, he was first taken to Rural Hospital, Majalgaon from where he was shifted to Civil Hospital, Beed, where {3} he was declared dead on admission. Accordingly, an ADR No. 09/2008 was registered with Beed City Police Station, Beed. 4. It appears that as the entire combing operation was monitored by Sub Divisional Police Officer, Majalgaon, a report, of every action right from receipt of information of whereabouts of Sarjerao till his death, was submitted by the SDPO to the Superintendent of Police, Beed, immediately on 19.04.2008. 5. It further appears that thereafter, an enquiry was conducted to enquire into the death of Sarjerao, as his death was treated as custodial death. During the enquiry, all the police officers except SDPO, who had participated in combing operation to arrest Sarjerao, were put under suspension w.e.f. 22.04.2008. However, as the enquiry committee exonerated all the police officers subsequently, their suspension was revoked. 6. It appears that wife of said Sarjerao had lodged a complaint requesting to hand over the investigation to CID and hence the investigation is handed over to the CID. After investigation, Dy.S.P. CID, lodged a report against total 14 police officers who had participated in the combing operation to trace Sarjerao Jadhav. On the basis of said report, offence at CR No. 65/2010 came to be registered with Majalgaon police station. 7. Previously, applications preferred by police officers who {4} were attached to Majalgaon police station at the relevant time, who had participated in the said combing operation, came to be allowed by this Court and the said police officers are released on anticipatory bail. 8. Learned counsel for applicants has asserted that the entire record in respect of the combing operation where Sarjerao was traced and thereafter he expired, is in possession of the CID. It is also contended that as the present applicants are working in Nashik District, there are no chances of tampering of investigation, which is being carried out by the CID, at the hands of the applicants. Even on the ground of parity, it is requested to enlarge the applicants on anticipatory bail. 9. According to learned APP, the Postmortem report shows that 41 injuries were found on the person of said Sarjerao coupled with the fact that statement of witnesses disclose that Sarjerao was dragged out from his house by the police and was assaulted and hence the application be rejected. 10. Considering the rival submissions, one cannot be oblivious of the fact that Sarjerao was an infamous goon against whom 19 offences were registered and he was leading a gang which was committing robberies. It also cannot be overlooked that said Sarjerao was spotted in a quarry and possibility of receiving injuries by felling cannot be ruled out. In the premise, if certain {5} allegations are made by the wife of the deceased merely on the basis of these allegations, the police officers, who are working in different district and had been to Beed district to trace accused Sarjerao, and merely on the ground that they would be required for test identification parade, it is not desirable to taken them into custody. In the premise, all the applicants, who had participated in the said combing operation, are entitled to be enlarged on anticipatory bail. 11. In the result, the application is allowed. In the event of arrest of the applicants in connection with CR No.65/2010, registered with Majalgaon police station, Dist-Beed, they be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bonds in the like amount. All the applicants are directed to make themselves available for test identification parade or investigation as and when required by the concerned IO on 48 hours prior intimation. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2903-10