1 criapln1992-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1992 OF 2011 1] Dattatraya Dharu Rathod 2] Jataram Dharu Rathod 3] Lahu Rohidas Rathod 4] Anil Dattu Rathod 5] Sangita Machhindra Rathod 6] Tarabai Gorakh Rathod 7] Anita Rajendra Rathod 8] Dagdabai Bhausing Rathod .. APPLICANTS Vs 1] The State of Maha .. RESPONDENT ... Shri Joydeep Chatterji, Adv.for applicants. Shri B.J.Sonawane,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 11/07/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.I-148/2011 in Pathardi police station, Dist.Ahmednagar for offence punishable u/ss.307,452,143,147,148,149,323,504,506 of I.P.C. Papers of investigation are made available by A.P.P. Heard both sides. 2 criapln1992-11 2] Crime is registered on the basis of report given by one Navnath Avhad. He has made allegations that the present applicants entered his house and they assaulted members of his family by using weapons like chopper, sticks, iron bars etc. It is contended that the applicants are trying to create road in his agricultural land and so there is dispute between the family of the applicants and the family of the complainant. In the report, he had informed that his son Kiran and wife of complainant Mina have sustained injuries in the incident and they are admitted in Ruby hospital. Papers of investigation show that Kiran sustained grievous injury and doctor has given opinion that it would have caused death. Similarly, Mina had sustained grivous injury which would have caused death.There are injury certificates, which show that he sustained incised wound on left parietal region, head. Asmita sutained 2 injuries which were caused by hard and blunt object. Priyanka also sustained 2 injuries which were also caused by hard and blunt object. Mina wife of the complainant sustained incised wound due to sharp object. There are statements of Mina and Kiran who sustained grievous injuries. Mina has made allegations that Dattatraya gave blow of iron bar on head, Machhindra gave blow of chopper on the head of her son Kiran, Jataram and Lahu gave blows of iron bar to Kiran. She has made allegations that Anita, Sangita,Tara,Yashoda used sticks against members like Asmita, Priyanka. Kiran has made similar allegations against male persons. He had contended that Anita, Sangita, Tara and Yashoda used sticks 3 criapln1992-11 against his wife Priyanka, wife of his brother Asmita and others. In view of these circumstances, advocate for the applicants submitted that he is not pressing application in respect of applicant nos.1 to 4. A.P.P. submitted that applicant no.5 and 6 have also used sticks and so relief cannot be granted to them also. As crime is registered for offence u/s 307, 149 etc. of I.P.C. and as even lady members sustained injuries, this Court holds that relief of anticipatory bail cannot be granted to applicant nos.1 to 6. Relief can be granted to applicant nos.7 and 8 as there are no specific allegations that they used weapons in the incident. So, application in respect of applicant no.1 to 4 stands disposed of as not pressed. Applications of applicants 5 and 6 stand rejected. Application of applicants 7 and 8 is allowed. Interim relief given to applicants 7 and 8 stands confirmed. [T.V.NALAWADE,J.] umg/criapln1992-11