(1) CRI.APP. 3862.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3862 OF 2010 1. Nana S/o Sudam Pathare, Aged : 35 years, Occu.: Agri., R/o Banpimpri, Tq. Shrigonda, Dist. Ahmednagar 2. Dattatraya S/o Shivaji Pathare, Aged : 30 years, Occu.: Agri., R/o Banpimpri, Tq. Shrigonda, Dist. Ahmednagar 3. Sudhir S/o Sambhaji Pathare, Aged : 32 years, Occu.: Agri., R/o Banpimpri, Tq. Shrigonda, Dist. Ahmednagar .. Applicants (Orig. Accused) VERSUS 1. The State of Maharashtra Through the Police Station Officer, Police Station, Shrigonda, Dist. Ahmednagar (Copy to be served on the Public Prosecutor, High Court, Aurangabad) 2. The Superintendent of Police, Ahmednagar .. Respondents ... Mr. S.S. Choudhari, Advocate for the Applicants Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 5TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for anticipatory bail. (2) CRI.APP. 3862.2010 2. The applicants apprehend their arrest in connection with crime no. I-308 of 2010 registered at Shrigonda Police Station for the offence under section 395, 397, 307, 323, 504 and 506 of the Indian Penal Code. 3. Heard learned Advocate for the applicants and learned APP for the State. 4. Considering the averments made in the FIR, it prima facie appears that the applicants 1 and 2 participated in the alleged assault. According to the injured informant, on 7.9.2010 at about 5.30 - 6.00 pm., he was present at the counter of his hotel styled as "New Prashant Hotel" where the applicants alongwith the other co-accused reached on three motorcycles. He was assaulted by means of sticks and hockey sticks. It is alleged that the applicants were aggrieved because he was demanding rent for the J.C.B. machine which was given to Gorakh Pathare for the agricultural work. 5. The FIR shows the presence of all the three (3) CRI.APP. 3862.2010 applicants at the spot i.e. hotel of the informant (victim). It is alleged that the applicant no.2 had taken away amount of Rs.1060/- from the cash counter. 6. It is true that the investigation papers prima facie show immediate hospitalization of injured Balbhim. It appears that injured Balbhim had sustained injuries during course of the assault. The medico legal certificate issued by the District Hospital, Ahmednagar shows that the injured had received four contused lacerated wounds of simple nature. 7. The FIR and the relevant investigation papers do not show that the applicant nos. 1 and 3 were armed with any stick or like weapon. There are only omnibus and general allegations made against them. No specific role is attributed to them. Therefore, it may be gathered that their arrest is not essential for the purpose of effective investigation. However, applicant no.2 Dattatraya is named as the person who robbed the amount by (4) CRI.APP. 3862.2010 taking away the same from the cash counter. He is not entitled to seek anticipatory bail in view of specific role attributed to him. 8. In the result, the Application is partly allowed only to the extent of applicant no.1 Nana and applicant no.3 Sudhir. In the event of their arrest, they shall be released on bail on furnishing of bail bonds in sum of Rs.15,000/- (Rs. Fifteen Thousand) each with surety bond each in the like sum, before the Arresting Officer. They shall attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. for four consecutive Sundays or till filing of the chargesheet, whichever is earlier and shall co-operate with the Investigation Officer during the course of the investigation. 9. The Application to the extent of applicant no.2 Dattatraya is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp